BALAMURALI, RAMALINGAM AND RAMESH Vs. STATE BY INSPECTOR OF POLICE OOMANGALAM POLICE STATION CUDDALORE DISTRICT

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of conviction dated 31.10.2003, made in S.C.No.196 of 2001 on the file of the Additional District and Sessions Court, Fast Track Court No. III, Virudhachalam, whereby the accused A1 to A3 were convicted for the offence under Section 341 IPC and imposed a fine of Rs. 300/ - each in default in payment to undergo one month simple imprisonment. The respondent police has filed a final report against the accused herein along with ten others under Sections 147, 448, 323 and 506(i) IPC and Section 3(1) of Tamil Nadu Public Properties (Loss and damage) prevention Act read with Section 149 IPC, stating that on 29.05.2000, around 8.35 a.m., the appellants and ten others, who are belonging to Dalit Panther Party, were holding wooden sticks, stones and dangerous weapons without any permission trespassed into the complainant's premises and stopped the work of the workers at work spot and all those persons threatened the workmen with dire consequences and damaged glass windows and glass pans of the building of the sub -contractor namely M/S. Simplex Company and trespassed into the Officer's premises and caused damage to the doors and windows and then restrained P.W.7/Sunilkamath, a Civil Engineer, who was proceeding towards the entrance and he was prevented by the accused from going to the work site and assaulted him with hands and caused loss to the tune of Rs. 7,00,000/ - and thereby committed the aforesaid offences.

(2.) THE learned Magistrate had taken cognizance of the aforesaid offences and committed the matter to the Principal District and Sessions Court, Cuddalore, after furnishing the copies. The learned Principal Sessions Judge after following the procedure made it over to the Additional District and Sessions Court/Fast Track Court No. III, Virudachalam. The learned Sessions Judge after following the procedure, framed necessary charges against the accused and the accused pleaded not guilty. The Sessions Court examined P.W.1 to P.W.10 and marked Exs.P1 to P7 on the side of the prosecution. The case of the prosecution let in by the prosecution witnesses is as follows:

(3.) THE trial Court placed the incriminating evidence before the accused and the accused denied the same in toto. After considering the oral and documentary evidence, the trial Court acquitted all the other accused from the charges levelled against them, except A1 to A3 and convicted them only for the offence under Section 341 IPC and imposed fine of Rs. 300/ - each, in default in payment, to undergo one month simple imprisonment.