BIJU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner was convicted by the trial court for the offences under Section 324, IPC and under Section 3(2)(e) of the Prevention of Damage to Public Property Act, for short, PDPP Act. He was sentenced to undergo simple imprisonment for six months and to pay a fine of 2,000/- for the offence under Section 3(2)(e), PDPP Act and, in default of payment of fine, to undergo simple imprisonment for one month. He was also sentenced to undergo simple imprisonment for six months for the offence under Section 324, IPC. The substantive sentences were directed to run concurrently. The petitioner preferred appeal challenging the convictions and sentences passed by the trial court. The appellate court confirmed the convictions and sentences passed by the trial court. Challenging the correctness, legality or propriety of the convictions and sentences, the petitioner has preferred this revision petition.

(2.) The prosecution case is that the Super Deluxe Airbus bearing Reg. No.KL-15/4168 belonging to the Kerala State Road Transport Corporation, for short, KSRTC, left Thiruvananthapuram for Kozhikode carrying passengers at 7.30 p.m. on 26-03-2004. When it reached Karuvatta on the N.H.47 at 10.30 p.m. on that day, the accused had thrown a dangerous weapon, namely, a granite stone, against the front wind screen glass of the said bus which resulted in breaking that glass and causing injuries on both the hands of PW2, the driver of the bus. The KSRTC suffered a loss of 45,000/- by the breaking of the wind screen glass of the bus and a consequential financial loss of 20,000/- by way of discontinuing the trips of the bus.

(3.) Pw2 went to Haripad Police Station and had given Ext.P1 F.I.Statement to PW5, the Sub Inspector of Police. Based on Ext.P1, PW5 registered Crime No.111 of 2004 of that Police Station. PW5 conducted the investigation of the case. He had questioned the witnesses and recorded their statements. He had completed the investigation and submitted the Final Report before the Judicial First Class Magistrate's Court, Haripad. Learned Magistrate framed a charge against the petitioner alleging the offences under Section 324, IPC and under Section 3(2)(e), PDPP Act. The petitioner pleaded not guilty of the charge. The prosecution examined PWs.1 to 7 and marked Exts.P1 to P6 on their side.