PANDISWAMY Vs. STATE

JUDGEMENT

(1.) FACTS:

(2.) APPELLANT Pandiswamy was married to Krishna, daughter of Shri Harikrishna, PW -1. Marriage took place on May 15, 2005. Soon after the marriage, the relationship became strained. Krishna came back to her paternal house and started living there. On the fateful day, i.e. on February 22, 2006, at about 1.00 O'clock in the night, the accused suddenly attacked the house of Harikrishna and tried to set it on fire. The fire was soon put off with the help of neighbours. Pandiswamy was arrested and proceeded under sections 436 and 506 of the Indian Penal Code. Pandiswamy pleaded not guilty hence, faced trial.

(3.) PW -1, Harikrishna deposed, soon after the marriage, Krishna had to come back as she had been tortured for dowry. She was pregnant at the time when she left matrimonial home. The accused used to come to his house and always threatened his daughter in different ways. On the fateful day, accused attacked the house with ballam and set the house on fire by pouring inflammable oil. He saw the accused setting fire, out of fear, he could not resist him. He raised alarm when Rajendran, being PW -3, a neighbour came out of his house. Rajendran also saw the accused setting the house on fire. PW -4, Ramaswamy also came to the spot and reported the incident to the police. Police came around 2.30 O' Clock in the night. The accused was still showing vengeance and expressing his pleasure for success. However, when he found the policemen, he left the spot. On the following day, he saw the accused in Court. Police seized burnt articles and took photographs of the house. During the cross -examination, he described the topography of his house and informed the Court about the inmates. He also informed the Court that his youngest daughter had committed suicide on November 24, 2010 by burning herself. He denied the fact that the accused had not come and not involved in the incident.