JUDGMENT : B.P. Singh, J. Special Leave granted. 2. Heard Counsel for the parties. 3. The petitioners who were four in number have been sentenced by the Trial Court to undergo five years rigorous imprisonment under Section 436 read with Section 34 Indian Penal Code. From the facts of the case, we find that the prosecution case was that the four appellants came to the house of the informant to demolish the wall of his house. This was sought to be done allegedly on the ground that the informant has encroached upon their land. It seems that there was protest and in that process one of the appellants namely Sanjay Pandit set fire to the roof of the house of the informant. It also appears that the said thatched straw roof of the house was burnt. On these facts, the High Court affirmed the conviction of all the appellants under Section 436/34 Indian Penal Code. 4. We have perused the material placed on record. 5. We are satisfied that there is no justification for the application of Section 34 Indian Penal Code in the facts and circumstances of the case. It is quite apparent that the four appellants before us came with a view to demolish the boundary wall of the informant which, according to them, was an encroachment on their land. Therefore, it cannot be inferred that all of them shared the common intention of setting the informant's roof on fire. The act of Sanjay Pandit was, therefore, his individual act for which others cannot be held responsible. 6. We, therefore, allow the appeal of Chaturbhuj Pandit, Kaushal Kishore Pandit and Suresh Pandit and acquit them of the charge levelled against them. So far as Sanjay Pandit is concerned, who has been sentenced to five years rigorous imprisonment, the evidence on record discloses that the fire set by him burnt the thatched straw roof of the informant. 7. In the circumstances, sentence of three years rigorous imprisonment will meet the ends of justice. We, therefore, uphold the conviction of Sanjay Pandit but reduce the sentence of five years rigorous imprisonment to three years rigorous imprisonment. The remaining appellants shall be released forthwith, unless required in connection with any other case. 8. This appeal is partly allowed.