MANICKAM Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the conviction and sentence in S.C.No.104 of 1999 on the file of the I Additional Assistant Sessions Judge, Erode.

(2.) THE short facts of the prosecution case is that the appellants along with three other accused on 18.2.1998 at about 1.00 am formed themselves into an unlawful assembly and set fire to Door Nos.2/361, 2/362, 2/363 at Moongle Palayam in Vijayamangalam town, belonging to P.W.1-Subramaniam causing damage to the tune of Rs.4,00,000/- and in the course of the same transaction A1 and A2 have set fire to cycle, T.V.S.Suziki moped and an autorickshaw and other house hold articles belonging to the said Subramanimam causing damages to the tune of Rs.3,00,000/-. Hence, the accused have been charged under Section 435, 436 r/w 109 IPC.

(3.) P.W.1 is the complainant. According to P.W.1 due to election motive on 17/18.2.1998 mid night he saw his house was engulfed and in the fire about Rs.7,00,000/- worth of properties were damaged. According to him, the general election which took place on 16.2.1998 he was a booth agent for one of the political parties and the accused lottary Manikam, Kutty, Viswanathan came in a moped and stopped their moped 20 feet away from their booth and when this was questioned by him (P.W.1) there arose a commotion and after the election was over he returned to his house and at that time the accused Manikam, (a memebr) Arumugam, Kittu @ Kittumi, Kutty and Viswanthan came to his house at about 8.00 pm on 16.2.1998 and asked him to attend the panchayat to be held at Vijayamangalam Mekoor on 17.2.1998 and further they criminally intimidated that if they do not attend the panchayat they will be set fire alive. P.W.1 would further depose that out of fear he did not go to the panchayat on 17.2.1998.