ORDER :

This appeal arises out of the judgment of conviction and order of sentence dated 18.07.2000 passed by the II Additional Sessions Judge, Baloda Bazar, District Raipur, in S.T. No.39/93 while acquitting the accused/appellant under Section 506-B IPC, convicted under Section 436 IPC & sentenced him to undergo R.I. for three years with fine of Rs.5,000/-, in default of payment of fine amount to further undergo S.I. for one year.

2. Case of the prosecution is that on 20.11.1992 at 6.30 am, a dehati nalishi (Ex.P/3) was recorded at the instance of complainant Dhansai (PW/3) wherein he alleged that accused/appellant along with Puniram Sahu and Chhedu Ram Sahu set his house as well as sawmill on fire on account of family property dispute and also threatened him to kill. On the basis of aforesaid allegation, offence under Section 436 and 506-B/34 of IPC was registered. Based on this dehati nalishi, FIR (Ex.P-13-A) was registered on the same day at about 12.45 pm under the aforesaid sections against the present appellant and other accused persons namely Puniram Sahu and Chhedu Ram Sahu. Semi-burnt teak wood, coal ash, two doors, semi-burnt window total amounting to Rs.23,000/-, and othe