IMPORTANT POINT
When there are major contradictions in evidence of prosecution witnesses and except interested witnesses no independent witness examined, conviction cannot be sustained.

JUDGMENT :

R. Subhash Reddy, J.

1. Leave granted.

2. These criminal appeals have been preferred by accused no.1, in the crime registered on the file of the Chamarajanagar Rural Police Station, in the State of Karnataka aggrieved by the conviction recorded and sentence imposed in the judgment dated 17th January 2011 passed in Sessions Case No.59 of 2009 by the learned District & Sessions Judge, Chamarajanagar and the judgment of the High Court in Criminal Appeal No.531 of 2011 c/w Criminal Appeal No.248 of 2011 passed on 28.06.2017 by the High Court of Karnataka at Bangalore.

3. Accused nos.1 to 4 in the aforesaid crime were charged for offence under Section 436 read with Section 34 of Indian Penal Code (IPC). The learned District & Sessions Judge, Chamarajanagar has convicted all the four accused for the offence under Section 436 read with Section 34 IPC and imposed the fine of Rs.10,000/-, in default, to undergo simple imprisonment for two months on accused no.1 and imposed a fine of Rs.5,000/- on accused nos.2 to 4, in default, to undergo simple imprisonment for a period of one month.

4. Aggrieved by the conviction recorded and fine imposed, accused have filed Criminal Appeal No.531 of 2011 and the State of Karnataka has preferred Criminal Appeal No.248 of 2011 seeking enhancement of punishment, before the High Court. The High Court, by judgment dated 28th June 2017, allowed the appeal, filed by the accused, in part by setting aside the conviction recorded and fine imposed on accused nos.2 to 4 and allowed the appeal of the State by imposing the sentence on accused no.1 to undergo simple imprisonment for a period of six months and to pay a fine of Rs.50,000/-, and in default of payment of fine, accused no.1 has been ordered to undergo simple imprisonment for a further period of 1½ months.

5. The case of the prosecution was that accused no.1 is the elder brother of husband of PW-1 Smt. Manjula Devi. It is alleged that there were civil disputes among the brothers with regard to the family property. On the day of Shivratri festival on 23.02.2009 at about 08:30 p.m., when the husband of PW-1 had gone to temple, when PW-1 along with her mother and children were in house, at about 09:30 p.m., accused no.1 along with accused nos.2 to 4 threw kerosene oil on the thatched shed situated in front of the house of PW-1 and set it on fire. It was alleged in the complaint lodged before the police under Ex.P1 that all the accused have committed the offence, as such, all were charged for offence punishable under Section 436 read with Section 34 IPC. It was alleged that after setting the thatched shed on fire, all the accused fled away from the scene of occurrence on motor cycles.

6. It is the case of the prosecution that on receiving the information, PW-7 the ASI, Chamarajanagar Rural Police Station, rushed to the spot and received the written complaint from PW-1 and on its basis registered the case against accused nos.1 to 4. On completion of investigation, chargesheet was filed against accused nos.1 to 4 for the offence punishable under Section 436 IPC read with Section 34 IPC. The accused denied the charges and claimed trial.

7. To prove the charges framed against the accused, the prosecution examined seven witnesses and marked Ex.P1 to P3. Upon hearing learned Public Prosecutor and counsel for the accused, learned Sessions Judge found all the accused guilty of the alleged crime and recorded conviction and imposed sentence of fine.

8. Pleading that the fine imposed on the accused is not in conformity with Section 436 of IPC, for the enhancment of punishment, State filed appeal and questioning the conviction recorded and fine imposed, accused nos.1 to 4 have also preferred appeal. Before the appellate court, additional documents were filed along with application under Section 391, Cr.P.C. The said application was allowed and documents were marked as Ex.D1 to D4. The High Court, by referring to the oral and documentary evidence on record, has partly