S ARUMUGHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners/accused have filed this criminal revision case against the conviction and sentence of 5 years rigorous imprisonment and fine of Rs.10,000 under Sec.436, I.P.C. awarded by the Additional Sessions Judge cum Fast Track Court I, Thanjavur on 28.3.2003.

(2.) THE charge against the petitioners/accused is to the effect that on 9.11.1999 about 3.00 a.m. both the accused, due to previous enmity, set fire to the shop of P.W.1 Jayaraman and caused damage to the properties worth about Rs.2,50,000 and thereby committed offence under Sec.436, I.P.C.

(3.) IT is also to be noted that it cannot be normally expected that there should be a direct eye-witness that too when the occurrence is said to have taken place in the early morning at about 3.00 a.m. and anybody would set fire in the presence of witnesses. IT is also stated by P.W.1 that the accused were able to set fire through chimney and in the fire, the door of P.W.2's shop was also burnt. Therefore, the Trial Court and the Appellate Court have considered and appreciated the evidence in detail and then only come to the conclusion that the accused are responsible for the damage of P.W.1's shop due to fire and they have committed offence under Sec.436, I.P.C. Further, the imprisonment of seven years rigorous imprisonment has been modified by the Appellate Court to five years rigorous imprisonment. In the circumstances, I do not find reliable and acceptable grounds to revise the conviction and sentence of the Appellate Court as wrong or unjustified or illegal.