SIVAN Vs. STATE

JUDGEMENT

(1.) Accused Nos. 2 to 4 in S.C. No. 240 of 2005 on the file of the Additional Sessions Judge (Adhoc)-II, Thodupuzha filed this appeal challenging the conviction and sentence imposed under Ss. 448 and 436 r/w 34 IPC as per judgment dtd. 19/9/2007.

(2.) As per the prosecution case, on 3/2/2000, at about 1 p.m., accused Nos. 2 to 4 along with accused Nos. 1 and 5, in furtherance of their common intention, trespassed into the courtyard of the house of the de facto complainant in Vattappara and the first accused set fire to the house thereby causing loss of Rs.25,000.00 to the de facto complainant and it is alleged that accused Nos. 2 to 4 helped the first accused to set fire to the house.

(3.) Accused Nos. 1 and 5 were absconding and hence, charge was framed for the offences under Ss. 448 and 436 r/w 34 IPC against accused Nos. 2 to 4 and when they pleaded not guilty to the charge, the prosecution examined PWs 1 to 6 and marked Exhibits P1 to P5 and MOs 1 and 2. From the side of the defence, Exhibits D1 to D3 were marked.