S. SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the conviction and sentence awarded to the appellant in S.C.No.101 of 2012 dated 04.09.2010 on the file of the Additional District and Sessions Judge, Fast Track Court No.3, Coimbatore.

(2.) The case of the prosecution is as http://www.judis.nic.in follows:- P.W. 3 Lakshmanan is residing at Pillaiyarpuram, Coimbatore, and all the prosecution witnesses, except the Investigating Officer, are residing in the same village. On the date of occurrence at about 3.00 a.m., when P.W.3 went to his field, the present appellant by using stone, damaged the statue of Gandhi. Thereafter, on the next day on 27.09.2009, P.W.1 Selvaraj lodged a compliant under Ex.P.1, before P.W.9, the Sub Inspector of Police, B14 Kuniamuthur Police Station. Before the alleged occurrence, the present appellant quarrelled with the people who are residing in the occurrence village with regard to the fixing of the said statute. After receiving the complaint, P.W.9 registered a case in Cr.No.104 of 2009 for the offence under Section 3(1) TNPPDL Act under Ex.P.5.

(3.) After registration of the case, he handed over a copy of the FIR to P.W.10 the then Inspector of Police, B14 Police Station. After receiving First information report, the Inspector of Police went to the scene of occurrence and in the presence of witnesses he prepared observation mahazar and Rough Scketch under Ex.P.3 and Ex.P.6. Further, he recovered a stone, which was used by the appellant to damage the statute, in the presence of the same witnesses under the recovery mahazar, marked as Ex.P.4. Thereafter, he examined the witnesses and recorded their statements. Subsequently, on the same day at about 2.00 p.m., he arrested the accused/appellant and recorded the confession statement given by the appellant. After concluding investigation, he laid charge sheet for the offence, for which the case has been registered.