The appellants stand convicted under Sections 436/34 of the Indian Penal Code by 6th Additional Sessions Judge, Aurangabad, in Sessions Trial No. 183 of 1993/37 of 2001 by judgment dated 17.9.2002 and sentenced to undergo rigorous imprisonment for ten years as well as fine of Rs.1,000/- each and in default they were also sentenced to undergo Simple Imprisonment for one month by order dated 19.9.2002.

2. Prosecution case, in short, is that in the night of 10/11.4.1991 at about 1 A.M. the informant, Jagdish Prasad (P.W.6) heard some murmuring and went outside the house and saw the accused appellants fleeing from the place of occurrence and his house was set on fire causing damage to the rice, flour and other articles kept in the house. Further case is that, at that time he was sleeping in the house along with his father Doman Sao (P.W.8) and he claims that on hulla being raised by him, co-villagers, namely, Basudeo Prasad, Krishna Sao, Deonandan, etc. reached there and saw the accused persons fleeing from the place of occurrence. On the basis of fardbeyan Jamhore P.S. Case No. 31 of 1991 was registered.

3. Police after investigation submitted charge sheet against the appellan