ZINABHAI SOMABHAI BARUDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT is original accused. By the impugned judgment and order dated 23rd April 1990, passed by the learned Additional Sessions Judge, Valsad in Sessions Case No. 54 of 1988, he was convicted for offence punishable under section 438 of the Indian Penal Code and sentenced to 5 years of rigourous imprisonment and fine of Rs. 500/ -.

(2.) AS per charge Ex. 1, it was alleged against the accused that on 16. 4. 88, between 8. 30 and 9. 30 at night, accused had a quarrel with his brother Arvindbhai and thinking that his sister Mangiben has hidden Arvind in her house, the accused set her house in fire after pouring kerosene and destroyed the hut and the belongings of complainant Mangiben lying therein.

(3.) COMPLAINANT Mangiben, PW-1 was examined at Ex. 9. In her deposition, she stated that her brothers Arvindbhai and accused Zinabhai had a quarrel regarding the house property. Thinking that Arvindbhai is hiding in her house, accused Zinabhai set her house on fire destroying a cot, clothes, utensils, etc. In her cross-examination, however, she admitted that accused Zinabhai is habituated to drinking and people of the village disliked him. Under intoxication, he quarrels every day and sometimes does not realize what he is doing. She agreed that in her house there was no electric light and therefore at night, she used to keep lantern. On the night of the incident, she was fast asleep. In fact, she agreed to the suggestion that the house caught fire when the lantern fell down accidentally and she filed the complaint against her brother upon the say of other village people.