KANNAN Vs. STATE

JUDGEMENT

(1.) THE appellant/accused has come forward with this appeal challenging his conviction and sentence passed by the learned Additional District and Sessions Judge, Fast Track Court No. 3, Madurai, dated 13.04.2007, made in Sessions Case No. 650 of 2006, whereby and whereunder, the appellant was convicted for the offence punishable under Section 436 IPC and sentenced to undergo 5 years rigorous imprisonment and to pay a fine amount of Rs.2,000/ -, in default in payment, to undergo rigorous imprisonment for a period of three months.

(2.) THE case of prosecution is that P.W.1 was the Executive Officer of Vilangudi Panchayat Union. A common lavatory worth about Rs.2,75,000/ - was constructed for the use of women by the Vilangudi Panchayat Union. During summer season, many women would come to the lavatory. Therefore, a thatched shed was put up before the common toilet. On 18.02.2004, the appellant has set fire on the thatched shed and damaged the same. On 19.02.2004, when he came to the office, the Sanitary Supervisor, P.W.3 Pitchai and the member of the ward, P.W.2 -Muthu, gave a complaint about the occurrence and in pursuance of which, P.W.1 placed the complaint Ex.P.1 before the Koodal Pudur Police Station.

(3.) P .W.6, when he was on duty at Koodal Pudur Police Station, on 22.02.2004, received the same and registered a case in Crime No. 77 of 2004, for the offences under Section 436 IPC and Section 3(1) of TNPPDL Act and prepared Ex.P.5 FIR. Then, he reached the place of occurrence and in the presence of witness Kubendran -P.W.5 and another, prepared observation mahazar Ex.P.4 and sketch Ex.P.6. Thereafter, he enquired the witnesses in the place of occurrence and recorded their statements. He also seized the portion of damaged piece of wooden stick and came back to the police station. On 23.03.2004 at Vilangudi Bus stop at about 14.00 hours, he arrested the appellant and brought him to the police station at 14.30 hours and sent him for remand and the material object has been seized at the place of occurrence under Ex.P.7 -Athatchi. M.O.1 the burnt wood piece was sent to Court under Form 95, Ex.P.8. Then, he placed the file to the Inspector P.W.7, for further investigation.