PALANISAMY Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed under Section 374(2) of Criminal Procedure Code as against conviction and sentence imposed in S.C.No,73/2002 dated 29.10.2002 by the learned Principal Sessions Judge, Erode and to set aside the same.) The sole accused who stood charged and convicted before the Principal Sessions Judge, Erode in S.C.No,73/2002 for an offence punishable under Section 3(1) and 5 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992 and sentenced to pay a fine of Rs.1,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of one month for the offence under Section 3(1) of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992 and to undergo six months rigorous imprisonment and to paya fine of Rs.500/- and in default payment of fine to undergo rigorous imprisonment for 15 days for the offence punishable under Section 5 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992 has come forward with the present appeal against the said conviction and sentence.

(2.) THE case of the prosecution, in brief, can be stated as follows:i) THE appellant herein/accused is a resident of Kambuliyampatti. 10 days prior to the date of occurrence, the appellant herein/accused travelled in the bus belonging to Tamil Nadu State Transport Corporation (Coimbatore-Division-II), Erode bearing Regn.No.TN-33 N-1286 from Perundurai to Vijayamangalam. Though he had got the ticket to Vijayamangalam, he wanted P.W.1 - the driver of the said bus to stop at Saralai and allow him to alight there. THE said request was turned down stating that the bus would not be stopped there and the appellant herein/accused was dropped at Vijayamangalam. While he was leaving the said place after getting down from the bus, the appellant herein/accused proclaimed that one day or the other he would break the wind screens of the bus. ii) After a gap of 10 days from the said occurrence i.e. on 18.06.2001 when the said bus came to Moongilpalayam diversion (pirivu) at about 11.40 p.m on its way from Salem to Coimbatore, the appellant herein/accused pelted a piece of cement slab on the said bus in which the front left side wind screen got completely damaged. In the said incident, P.W.4-Ramanathan, who was travelling in the said bus as a passenger got simple injuries. Soon after the occurrence, P.W.1-Dhandapani, the driver of the bus and P.W.3-Pandian, the conductor of the bus chased the appellant herein/accused and caught him with the help of some of the passengers. THEreafter he was produced before the Sub-Inspector of police, Perundurai Police Station and Ex.P1 complaint was lodged by P.W.1. Based on the said complaint, Ex.P10-First Information Report was prepared and a case was registered on the file of Perundurai police station in Cr.No,297/2001 for offences punishable under Section 3 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992 and Section 324 IPC at about 2.00 a.m on 19.06.2001. P.W.4, who sustained injuries in the occurrence, received medical treatment at Government General Hospital, Perundurai. Ex.P3 is the Accident Register and Ex.P2 is the Wound Certificate relating to P.W. 4. After causing damage to the windscreen of the bus, the appellant herein/accused tried to escape by running away from the said place. When he was chased by P.W.1 (driver) and P.W.3 (conductor) and in such an attempt to escape from the place of occurrence, the appellant herein/accused fell down and sustained some injuries. THErefore, he was also referred to the Government General Hospital, Perundurai by the police for treatment. P.W.2-Dr.Arumugam is the Medical officer who gave treatment to P.W.4 as well as the appellant herein/accused. Ex.P4 and P5 are respectively the Accident Register and Wound Certificate of the appellant herein/accused. iii) P.W.5, the then Motor Vehicles Inspector Gr.II, Perundurai inspected the vehicle and submitted a report marked as Ex.P6 assessing the damage caused to the vehicle at Rs.1,000/-. P.W.9-Vasudevan, the then Inspector of Police, Perundurai, conducted investigation, prepared Ex.P9-Observation Mahazar in the presence of P.W.7-Venkatachalam and one Kuzhanthaisamy and also Ex.P12-Rough sketch. THE duty certificate of P.Ws.1 and 3 issued by the Branch Manager of Tamil Nadu State Transport Corporation, who was examined as P.W.6, Trip Sheet, letter addressed to the Inspector of Police by the General Manager, Tamil Nadu State Transport Corporation (CBE.DIVN.II) Ltd., Erode and xerox copy of the receipt issued to the accused for payment of Rs.1,500/- marked as Ex.P7, P8, P13 and P14 respectively were also recovered by the Investigating Officer. M.O.1-piece of cement slab and M.O.2 series - broken pieces of left side front windscreen of the bus were also recovered under Ex.P11-Form 95. After completing the investigation, P.W.9 - inspector of police submitted a final report alleging that the appellant herein/accused had committed the offences punishable under Sections 3(1) and 5 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992.

(3.) THE learned Principal Sessions Judge, Erode heard the arguments advanced on either side and in the light of the arguments thus advanced, considered the evidence brought before the trial court. Upon such consideration, the trial court came to the conclusion that both the charges framed against the accused were proved beyond reasonable doubt and convicted him for the said offences and imposed punishments as indicated supra.