DARMARAJ Vs. STATE

JUDGEMENT

(1.) The Learned Sessions Judge (Mahila Court), Chennai while passing the Judgment in S.C.No.448 of 2012 on 18.11.2014 after analysing the entire gamut of oral and documentary evidence available on record came to the conclusion that the Appellant/Accused guilty in respect of an offence under Section 436 of IPC and awarded Three Years Rigorous Imprisonment besides imposing a fine of Rs.5,000/-. In default of payment of fine, he was directed to undergo further Six Months Simple Imprisonment. Also he was given the benefit of Section 428 of Cr.P.C.,

(2.) Assailing the legality, validity and correctness of the Judgment dated 18.11.2014 in S.C.No.448 of 2012 passed by the trial court, the Appellant/Accused has focussed the instant Appeal by taking a plea that the trial court had committed an error in not taking note of the necessary facts, which point out that the offence under Section 436 of IPC was not made out.

(3.) The Learned Counsel for the Appellant urges before this Court that there is no direct evidence in the main case in S.C.No.448 of 2012 on the file of trial court and in fact resting on surmises and conjectures. The trial court had found the Appellant/Accused guilty under Section 436 of IPC and imposed upon him the necessary punishment. The Learned Counsel for the Appellant contends that P.W.1 (on his re-examination on 01.04.2014) had stated before the trial court that he does not know whether on the date of occurrence, the Appellant/Accused had set fire to the hut.