SATHIVELU Vs. STATE

JUDGEMENT

(1.) This appeal is directed as against the judgment dated 08.11.2003 made in S.C.No.53 of 2013 on the file of the learned Principal District and Sessions Judge, Erode, thereby convicted and sentenced the appellants to undergo six months rigorous imprisonment each and to pay a fine of Rs. 500/- in default of payment to undergo simple imprisonment of one month each for the offence under Section 148 IPC and the appellants are sentenced to undergo three months rigorous imprisonment each and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for one month each for the offence under of IPC and the appellants are sentenced to undergo one year rigorous imprisonment each and to pay a fine of Rs. 500/-in default to undergo simple imprisonment of one month each for the offence under Section 3(1) of Tamil Nadu Properties (Prevention of Damages and Loss) Act (herein after referred to as TNPPDL Act).

(2.) The case of the prosecution is that on 15.03.2012 at about 5.30 p.m., P.Ws.1 and 2 who are the husband and wife were about to leave their house to attend the condolence of their relative. At that juncture, the accused persons about 8 to 9 persons came by their two wheelers and shouted in front of their house. They called P.W.1 as bastard and asked them to come out from the house. Out of fear and scare, P.Ws.1 and 2 went inside the house and closed the door and windows. When they were watching through window noted that the accused 1 to 4 had come with sticks and others come with stones and all of them entered into their house. Thereafter, immediately P.Ws.1 and 2 came out of the house through the rear door. The accused 1 to 4, damaged the motor cycle belonging to P.W.1 and they have also broken the glasses of the window and went inside the house and damages the household articles. Immediately P.Ws.1 & 2, informed to the villagers and the village people about 10 persons came to their house. Thereafter, the accused came out from the house of P.W.1 and threatened P.W.1 with dire consequences to his life. They left from P.W.1's house leaving their motor vehicles, sticks and stones.

(3.) On the same day evening P.W.1 went to the police station and lodged complaint and it was marked as Ex.P.1. The accused caused damages to their household articles to the tune of Rs. 2,00,000/- After receipt of the same P.W.9, registered a case in Crime No. 80 of 2012 for the offences under Sections 147, 148, 294(b), 448 and 506(ii) of IPC and Section 3(1) of TNPPDL Act against the nine persons. P.W.9 took up the investigation and filed charge sheet for the above said offences against the accused.