JUDGMENT :

Shampa Dutt (Paul), J.

The Appeal:-

1. The present appeal has been preferred against a judgment and order dated 21.12.2016 passed by the Learned Additional Sessions Judge, 1st Fast Track Court, Hooghly in connection with Sessions Trial Case No. 12 of 2016, Dadpur Police Station Case No. 98/2015 dated 10.06.2015, convicting the appellant and sentencing him to suffer rigorous imprisonment for 5 years and also pay a fine of Rs. 2000/-, in default further rigorous imprisonment for 3 months for the offence under Section 436 of the Indian Penal Code.

The Prosecution:-

2. The prosecution case is that:-

On 04.06.2015 at about 3 p.m. one Hari Malik @ Haradhan Malik came to the tea stall of the de facto complainant with a straw roof situated at the beneath of the Mathurkunda Bridge and suddenly set fire in the tea stall by throwing burning haystack “kharer ati” on the roof of the said tea stall and ultimately the said tea stall was destroyed by turning into asses.

3. On the basis of aforesaid complaint, Dadpur Police Station Case No. 98/2015 dated 10.06.2015 under Sections 436/427 of the Indian Penal Code was started. After completion of the investigation, charge sheet being no. 87 of 20