ABDULLAKUTTY HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.237 of 2007 of the court of Additional Sessions Judge (Ad hoc)-I, Manjeri Division and in this appeal they are challenging their conviction and sentence imposed against them under section 436 r/w 34 of IPC, vide judgment dated 18.9.2007 in the above case.

(2.) THE prosecution case is that, at about 5 p.m. on 18.5.2005, the accused 4 in numbers in furtherance of their common intention committed mischief by setting fire to the southern door of house no.K.P.IV/402 and to the middle door of a shed nearby to the said house which buildings are possessed by PW1 and ordinarily used as dwelling house and place for storing articles respectively and the above act of the accused caused a loss of Rs.15,000.00 and accordingly the accused have committed the offence punishable under section 436 r/w 34 of IPC. On the basis of the above allegation, crime no.107 of 2005 of Vengara police station was registered for the said offences and on completing the investigation, report was filed before the court of Judicial First Class Magistrate-Malappuram and on receipt of the same, C.P.No.10/2006 was instituted. Subsequently by order dated 5.6.2006 in the above proceedings, the learned Magistrate committed the case to the sessions court wherein S.C.No.237 of 2007 was instituted and finally made over the same to the present trial court for disposal.

(3.) I have heard Adv.Sri.Raju Joseph, learned senior counsel for the appellants and Smt.Laliza T.Y. learned Public Prosecutor for the State.