SELVARAJ Vs. STATE

JUDGEMENT

(1.) THE appellants were convicted for offences under Sections 427, 436 of IPC and Section 4 of TNPPD Act, 1992 and sentenced to undergo two years imprisonment for the offence punishable under Section 436 of IPC and to pay a fine of Rs.500/ - in default to undergo one month simple imprisonment and sentenced to undergo one year simple imprisonment for the offence punishable under Section 4(1) of TNPPD Act, 1992 and to pay a fine of Rs.500/ - in default to undergo one month simple imprisonment and sentenced to pay a fine of Rs.500/ - for the offence punishable under Section 427 of IPC in default to undergo one month simple imprisonment. Aggrieved by the same, this appeal is filed.

(2.) THE case of the prosecution is that one Nachimuthu Gounder, the father of P.W.1 and Subramania Gounder, father of the appellants were neighbours and they were having dispute in respect of S.No.170/2001 and the case is pending in the civil court. Therefore, the appellants due to enmity and with an intention of causing damage to the house and cattle of the Nachimuthu Gounder set fire to the Palmairah tree and it spread to the house of the Nachimuthu Gounder and caused damage to the tune of Rs.1,10,000/ - and therefore, the appellants are liable to be convicted under Section 436, 427 and Section 4(1) of TNPPD Act, 1992.

(3.) THE case of the prosecution is that on 31.03.2005 at about 3.30p.m., when P.W.1, his brother Karuppusamy and mother Velathaal were in their house, they heard the sound of Subramania Gounder, father of the appellants that the cow shed is burning and P.W.1 was awakened by his brother and mother and when they saw the cow shed burning, they immediately rescued the cows, oxes, sheep and in that process the entire cow shed was damaged. The fire spread to the house of the P.W.1 and the bullock cart and articles found in the house along with the house were burned to ashes. On 01.04.2005 at about 2 p.m., they gave report before the police and the Inspector of police enquired about the occurrence and also asked about the persons who set fire or against whom P.W.1 had any suspicion and two days later, the Inspector of Police came and enquired and at that time, P.W.1 informed the police that witnesses Rasu, Angamuthu, Kathirvel and Ramachandran informed him that the appellants set fire to his property due to enmity and therefore, they have to be punished.