RENJITH, S/O NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No. 389 of 2000 of the Chief Judicial Magistrate's Court, Pathanamthitta. The Police brought final report against him and two others under Section 353 read with Section 34 IPC, and under Section 3(2) (c) of the Prevention of Damage to Public Property Act (for short "the PDPP Act") . The prosecution case is that when the three accused were brought at the General Hospital, Pathanamthitta, for medical examination, they committed some acts of mischief there by destroying the window glasses, and they also obstructed discharge of duty by the doctors and the paramedical staff. The alleged incident happened at about 8.30 p.m. on 14.09.2000. The Police registered a crime on the complaint made by the Superintendent of the General Hospital. After investigation, the Police submitted final report against three accused. The accused Nos. 1 and 2 faced trial before the learned Magistrate. But the third accused went absconding. The case as against him was split up and refiled.

(2.) The accused Nos.1 and 2 appeared before the learned Magistrate and pleaded not guilty to the charge framed against them. The prosecution examined 8 witnesses, and proved Exts.P1 to P3 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. They did not adduce any evidence in defence.