SHAMUGHA THEVAR ACCUSED Vs. STATE

JUDGEMENT

(1.) Accused in S.C.No.117 of 1997 on the file of Principal Sessions Court, Srivilliputhur is the Appellant. By the judgment dated: 08.09.1997, the Appellant / Accused was convicted for the offence punishable under Sec.3(i) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (for short, referred as T.N.P.(P.D.& L.) Act) sentencing him to undergo Rigorous Imprisonment for one year and imposing fine of Rs.500/-.

(2.) Facts of the case which led to the present appeal could briefly be stated thus:- On 10.12.1996, P.W.1- Karuppiah, P.W.2 - Ramamurthy were on duty as Driver and Conductor respectively in the Bus bearing Registration No.TN-59 N 0241 which belonged to erstwhile Pandian Roadways Corporation. The said Bus was bound from Srivilliputhur to Kuppampatti and was returning from Kuppampatti to Srivilliputhur. At about 12.30 Noon, the Bus was proceeding near Kuppampatti-Pudupatti Junction Road. In a show of protest against the arrest of their Leader, the Accused pelted stone on the Bus causing damage to the wind screen glass of the Bus.

(3.) P.Ws.1 and 2 took the Bus to Nathampatti Police Station. On the damage caused to the Bus, P.W.1 - Driver lodged Ex.P.1 - Complaint. On the basis of Ex.P.1 - Complaint, a case was registered in Crime No.127 of 1996 of Nathampatti Police Station under Ex.P.4 - First Information Report by P.W.5 - Sub Inspector of Police.