GURUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 31 of 2000 on the file of the Principal Sessions Judge, Erode. The accused, who have been charged and convicted under Section 147 IPC and under Section 3 (ii) of Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992, (herein after referred to as 'tnppd Act') by the trial Court, are the appellants herein.

(2.) THE short facts of the prosecution case is that on 12. 3. 1999 at about 11. 00 pm to show their displeasure in raising the water tax from 35 paise to Rs. 1/65 per 1000 litres to the Lakkampatti punchayat union on the date of occurrence, the accused formed themselves into an unlawful assembly in front of Karattadipalayam junction at Erode-Senthyamangalam main raod, and damaged the gate-valve of the the water pipe leading from Gobichettipalayam panchayat union to Lakkampatti panchayat union and also filled the tank, in which the water is being collected, with sand and stone thereby causing a loss of Rs. 5000/- to the Lakkampatti panchayat union.

(3.) THE case was taken on file by the learned trial judge and after furnishing copies under Section 207 of Cr. P. C. , to the accused, had framed the charges under Section 147 IPC and under section 3 (ii) of TNPPD Act and when questioned the accused pleaded not guilty. Before the trial Court P. W. 1 to P. W. 8 were examined, Ex. P. 1 to Ex. P. 7 were exhibited and M. O. 1 was marked.