THAMPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in aggrieved that the Additional sessions court, Mavelikkara convinced him for the offence under sec. 436 of the I.P.C. and imposed the sentence of R.I. for two years.

(2.) The allegation was that at about 3 a.m. on 3.12.1992 the accused set fire to the dwelling house of PW1, a widow of which the only other occupant was CW2, who is her daughter Lailamony. It is also alleged that as PW1 apprehended that the accused who had warned her three days before the occurrence, might do some wanton act, she, along with her daughter, started sleeping in the house of a neighbour-PW2 and that it was after calling out whether there is no one in the house that the accused actually set fire to it.

(3.) Sri.B.Raman Pillai, who argued the case of the appellant submitted that there is no adequate evidence to find the accused guilty. The difficulty for identification of the offender at night and the absence of adequate light in the area were also highlighted. Yet another aspect pointed out is that the date of occurrence being in the winter and nights of that season being misty, it was not easy for anyone to set fire to a house. The failure to examine investigating officer as a witness is also pointed out as a major defect in the prosecution proceedings.