CYRIL DIAS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant was convicted for an offence punishable under section 436 of Indian Penal Code and subsequently sentenced to undergo 3 years of Rigorous Imprisonment and to pay a fine of Rupees 5,000/-, and in default, to undergo a further imprisonment of 1 year of Rigorous Imprisonment, by Judgment dated 2nd September, 1988, continued on the 6th of the same month. It is against this conviction and sentence that the present appeal was filed.

(2.) THE facts that led to the trial and conviction of the appellant under the said section 436, I. P. C. are that on 23rd April, 1986, at 5. 30 p. m. , the hut of one Ramchandra Jadhav was destroyed by fire. It is the case of the prosecution that die said Ramchandra Jadhav owns some goats, and on that particular day, the goats of the complainant Jadhav had gone to the field of the appellant and damaged his chillie crop. This was the second time the goats were damaging the crop of the appellant. He, therefore, Went to the house of the complainant and, after asking where the goats had gone, set fire to the hut.

(3.) THE case of the appellant during the trial was one of a complete denial. Therefore, trial was held and the prosecution examined in all six witnesses in order to prove its case. P. W. 6 is the Investigation Officer, P. W. 4 one panch, and the remaining witnesses are the complainant his two daughters and one neighbour who happens to be related to him. The learned Additional Sessions Judge while recording in his Judgment that there were discrepancies in the evidence of the main prosecution witnesses, nonetheless held the view that these discrepancies were minor in nature, and therefore, were not fatal to the prosecution case. He held that the prosecution had succeeded in bringing home the guilt to the accused, and consequently, convicted him.