MUTHUSAMY Vs. STATE

JUDGEMENT

(1.) THE Criminal Appeal arises out of the judgment passed by the learned Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Namakkal, in S.C.No.112 of 2002, convicting the appellant-accused for the offence under Section 436 IPC and sentencing him to rigorous imprisonment for five years and imposing a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution is as follows:

(3.) LEARNED Government Advocate (Criminal Side) appearing for the respondent-Police submitted that P.Ws.1 and 2 are women folks from rustic village and merely because they have given two different versions, the genuinity of Ex.P-1 complaint cannot be doubted. In support of the same, learned Government Advocate also relied upon the decision of the Supreme Court reported in 2005 SCC (Cri) 1679 (State of Punjab Vs. Hakam Singh). LEARNED Government Advocate further submits that since P.W.1 is a widow lady residing alone in the house, and because of the threat made by the accused prior to the date of occurrence, she took her bed along with her sister Latha, which has clearly proved that the accused alone set fire to the house of P.W.1. The delay in preferring the complaint, is only meagre, which has been properly explained by P.Ws.1 and 2 and so, the argument advanced by learned Amicus Curiae for the appellant is liable to be rejected. LEARNED Government Advocate also submitted that the arrest has been proved by way of examining P.W.6 Inspector of Police and there is no discrepancy in the arrest. He further submits that P.W.2 is a solitary eye-witness and her evidence is cogent and natural and there is no reason for discarding the evidence of P.W.2. He further submitted that no motive has been suggested in this case and further stated that the motive is a double edged weapon, and even then, the motive has been proved by way of examining P.W.1. The trial Court considered all the aspects in proper perspective and there is no reason for interfering with the conviction and sentence passed by the trial Court and prayed for dismissal of the Criminal Appeal.