BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in S. C. No. 182/2003 on the file of Additional Sessions Judge (ADHOC) Fast Track-I Alappuzha. The above case is charge sheeted by the Circle Inspector of Police, Chengannur, against the appellants alleging offences punishable under Section 436 read with Section 34 IPC.

(2.) When this appeal is came up for consideration, on an earlier occasion, this Court directed the charging officer to issue notice to the appellants regarding the pendency of this appeal. Now a statement is filed by the learned Senior Government Pleader in which it is stated that, the 1st appellant is no more. Therefore, the same is recorded. Now the appeal of the 2nd appellant is to be considered in this case.

(3.) The prosecution case is that, the charge witness Nos.1 and 2 are husband and wife. The 1st accused is the brother of the charge witness No. 2. The allegation is that on 24.04.2000 at about 10.30 p.m., the accused in furtherance of a common intention went to the scene of occurrence and set fire to the house of charge witness Nos.1 and 2. Hence it is alleged that the accused committed the offence under Section 436 read with 34 IPC.