SATHAPILLAI Vs. STATE

JUDGEMENT

(1.) The appellants herein stand convicted by the learned Additional Sessions Judge (Fast Track Court), Ariyalur in S.C. No. 6 of 2007, for the offences under Sections 427 IPC and 3(i) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 59 of 1992, and sentenced to undergo simple imprisonment for one year to pay a fine of Rs. 5,000/- each, in default to undergo simple imprisonment for three months under Section 427 IPC and also to undergo rigorous imprisonment for three years and to pay a fine of Rs. 3000/- each in default to under go simple imprisonment for six months under Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act. Aggrieved by the said conviction and sentence, the appellants have preferred this criminal appeal.

(2.) The brief facts of the prosecution case are as follows:- P.W. 1 Ramalingam is residing in Chennivanam Village, Ariyalur Taluk. One Ramasamy is his neighbour. The accused 1 and 2 are brothers-in-law of the said Ramasamy. There was a civil dispute pending between P.W. 1 and his neighbour Ramasamy. Subsequently Ramasamy died due to his illness on 12.10.2004 at about 8.pm. The accused entered into the house of P.W.I and demolished the backside of the compound wall. The accused also abused P.W.I with filthy language. P.W.I preferred a complaint Exhibit P-1. The Sub Inspector of Police, Sendurai Police Station, received complaint and registered the case in Cr. No. 228/04 under Sections 294(b), 427, 506(ii) and prepared the First Information Report Exhibit P-5.

(3.) P.W.6, Sub Inspector of Police took up the investigation and proceeded to the spot and prepared the rough sketch Exhibit P-6 and examined the witnesses. The accused were arrested on the same day on 13.10.2004 at 2.20 p.m., near Vellore Bus stand. Subsequently P.W.7 took up further investigation and completed the investigation and filed the final report.