O R D E R

This Criminal Revision Petition has been preferred by the accused to set aside the judgement dated 12.03.2015 made in C.A.No.28 of 2015 on the file of the learned Principal District and Sessions Judge, Coimbatore, confirming the judgement dated 13.01.2015 made in S.C.No.192/2010 on the file of the II Additional Assistant Sessions Judge, Coimbatore.

2. For the sake of convenience of discussion the appellant is referred as per his rank (as A-3).

3. The facts of the case in brief are as follows:

On 24.01.2010, there was a dispute with regard to sharing of wages among A-1 and three others with one Ramesh, who is the son of de facto complainant. In view of that a police complaint has been given and an FIR was registered in Cr.Nos.98/2010 and 100/2010 of the Kothanur Police Station. On the same day itself, some of the accused have been arrested in the said case but A-1 was absconding; and he had an intention to do away with the complainant’s family in view of his previous enmity with the son of de facto complainant.

3.1. On 28.01.2010 at about 11.30 pm, A-1 to A-3 with a common intention trespassed into the house of the de facto complainant. They had the intention to murder the de facto complainant and her daughter; while both were sleeping inside the room, the accused poured petrol on them by telling that they would kill their entire family by setting fire on them. The de facto complainant and her daughter rushed outside and escaped. Enraged over that, the accused set fire on the house of the de facto complainant and damaged their properties worth around of Rs.5,000/-. 3.2. On the complaint (Ex.P.1) given by PW.1-Raja Lakshmi, an FIR (Ex.P.6) was registered in Crime No.109/2010 for the offence under sec. 147, 452 and 307 IPC by PW.8- Parveen Banu, the Sub Inspector of Police.

3.3. PW.9-Thirumeni, Inspector of Police took up the case for investigation and went to the place of occurrence and prepared Observation Mahazaar (Ex.P.2) and Rough Sketch (Ex.P.7) in the presence of witnesses. He also recovered (M.O.s 1 to 6) from the place of occurrence through Seizure Mahazaar (Ex.P.3) in the presence of witnesses PW.5 Anandhan and one Sahul Hameed. He enquired the witnesses and arrested the accused on 11.02.2010 and recorded their confession statements (Ex.P.4) in the presence of witnesses PW.6 and one Pandian and thereafter sent them for remand. He sent the Material Objects for chemical examination through Court and got the report (Ex.P.5). He examined the photographer who took photographs from the place of occurrence. After completing the investigation, he filed the charge sheet against the accused under secs. 450, 436 and 307 IPC.

3.4. After completing the investigation, charge sheet has been laid down under Secs.447, 307 and 436 IPC. The case was taken on file by the learned Judicial Magistrate-VII, Coimbatore in PRC.No.27/2010 and after observing the due legal formalities, the case was committed to the learned Principal Sessions Judge, Coimbatore. After the case was taken on file, the case was assigned to the file of the learned Second Additional Assistant Sessions Judge for conducting trial. The learned sessions judge framed the charges against A-1 for the offences under Secs.447, 307, 436 IPC and under Sec. 449, 309 r/w 34 IPC against A2 and A3 and questioned the accused. The accused pleaded not guilty and claimed to be tried.

4. During the course of trial, on the side of the prosecution, 9 witnesses were examined and Exs.P1 to P12 were marked and M.Os.1 to 6 were marked. On the side of the defense, no witness was examined and no documents was marked.

5. The evidence of the prosecution in brief:

PW1- Rajalakshmi, the defacto complainant has stated about the occurrence in the same manner as how she had stated in the complaint. PW.2 is the daughter of PW1 and she also corroborated the evidence of PW1. She also identified the Material Objects seized from the place of occurrence. PW.3- Vasanthi is the neighbour of PW.1 and 2 and she