SUNDARRAJAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision has been preferred against the judgment, dated 16.12.2004, made in C.A.No.24 of 2004 on the file of the Principal Sessions Judge, Cuddalore, confirming the order passed by the Chief Judicial Magistrate, Cuddalore, dated 16.03.2004 in S.C.No.252 of 2003.

(2.) AS per the prosecution case, on 18.04.2003, at about 12.30 p.m, while P.W.1, Shanmugavel was driving the bus, bearing Registration No.TN 32/N-0404 from Kurinjipadi to Cuddalore near T.Palayam bus stop, the revision petitioner / accused entered into the bus and caused damage to the front and back side glass wind screens with M.O.1, uruttu kattai and thereby caused damage to the public property worth Rs.1,907/-. In support of the prosecution case, P.Ws.1 to 9 were examined, Exs.P.1 to P.8 were marked, apart from marking M.Os.1 and 2.

(3.) AS contended by the learned Government Advocate (crl.side), the case was registered against the single accused and the driver and conductor are competent witnesses to speak about the occurrence that had taken place on 18.04.2003. AS per the prosecution case, on the complaint given by P.W.1, on occurrence, the case was registered by P.W.8, Sub-Inspector, attached to Kullanchavadi Police Station on the same day under Section 3 of the Prevention of Damage to the Public Property Act, 1984 and that there was no delay in registering the case and sending the FIR to Magistrate.