Pritinker Diwaker, J.

This appeal is directed against the judgment and order dated 22.8.2008 passed by Additional Sessions Judge Gariyaband, District Raipur in Sessions Trial No. 12/2008 convicting the accused/appellants under Section 436/34 IPC and sentencing each of them to undergo rigorous imprisonment for ten years with fine of Rs. 10,000/-, plus default stipulations.

2. Facts of the case in brief are that on 14.3.2008 the accused/appellants set on fire the house and shop of complainant Lakhan Sahu (PW-1) as a result of which two rooms and the grocery items worth Rs. 1,50,000/- got burnt. Written report Ex. P-1 was lodged by the complainant and after inquiry FIR Ex. P-6 was registered against unknown persons. Further case of the prosecution is that about 25 days after the incident Devi Singh (PW-2) made the statement on 9.4.2008 before the police to the effect that he had seen the accused/appellants setting on fire the house/shop of the complainant and based on that further investigation was done and charge-sheet for the offence punishable under Section 436 was filed against them followed by framing of charge under Section 436/34 IPC.

3. So as to hold the accused/appella