MURALI Vs. STATE

JUDGEMENT

(1.) This appeal has been filed as against the judgment dated 21.03.2011 made in S.C.No.97 of 2009 on the file of the learned Principal Sessions Judge, Thiruvallur thereby convicting and sentencing the appellant to undergo two years rigorous imprisonment and to pay a fine of Rs. 5,000/- in default to undergo six months rigorous imprisonment for the offence under Section 3(1) of Tamil Nadu Public Properties (Prevention and Damages and Loss) Act (herein after referred to as "TNPPDL Act").

(2.) The case of the prosecution is that P.W.1 Murugesan/ defacto complainant, who is the conductor of a bus bearing registration No.TN23N1065, lodged a complaint on 01.12006 alleging that the appellant/accused threw stone on the left side rear window minor of the bus and broke down the glasses. When questioned the same, the accused replied that the defacto complainant/P.W.1 charged for his luggages, therefore he threw stone on the bus. Immediately, P.W.1 informed to P.W.2, the Branch Manager of Thiruvallur Transport Corporation.

(3.) On instruction from P.W.2, P.W.1 lodged a complaint before P.W.4, the Sub Inspector of Police under Ex.P.1 and on receipt of the same, P.W.4 registered a case in Crime No.675 of 2006 for the offences under Section 341 of IPC and Sections 2 and 3 of TNPPDL Act. She went to the place of occurrence and prepared observation mahazar and rough sketch. Thereafter examined the witnesses and sent the requisition to assess the value of the broken mirror. She seized the broken glass pieces and produced them before the Court under Form 95. P.W.5, the Investigating Officer filed charge sheet for the offences under Section 341 of IPC and Sections 2 & 3 of TNPPDL Act. On committal of the case, the charges were framed for the offence under Section 3(1) of TNPPDL and the appellant pleaded not guilty and claimed for trial.