SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the two accused in S.C 289/1996 of the Court of Session, Thiruvananthapuram. They faced prosecution before the learned Assistant Sessions Judge, Attingal under Sections 452, 323 and 436 read with 34 of the Indian Penal Code , on the allegation that at about 8 p.m 24.10.1995, they trespassed into the house of one Kochupennu and Vasudevan (wife and husband), assaulted the said Vasudevan due to some previous enmity, and they also set fire to their house, thereby causing a loss of 300/- to them. The Police registered the crime on the complaint of the said Kochupennu, made on the next day, and after investigation, the Police submitted final report in court. The two accused entered appearance before the learned trial Judge and pleaded not guilty to the charge framed against them under Sections 452 , 323 and 436 read with 34 I.P.C .

(2.) The prosecution examined 11 witnesses in the trial court and proved Exts.P1 to P6 documents. The MO1 property was also identified during trial. This is the remnants of the burnt articles. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances, and projected a defence of total denial. In defence, they examined a neighbour of the victims as DW1.

(3.) On an appreciation of the evidence, the trial court found both the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for three months each and to pay a fine of 500/- each under Section 452 r/w 34 I.P.C , to pay a fine of 1000/- each under Section 323 I.P.C, and to undergo rigorous imprisonment for one year each, and to pay a fine of 500/- each under Section 436 read with 34 I.P.C by judgment dated 18.11.1998.