(Prayer: in C.A.Nos.597 to 599 of 2011: Criminal Appeals are filed under Section 374 (2) of Cr.P.C, against the conviction and sentence passed by the Learned Additional Sessions Judge, (Fast Track Court No.2), Gobichettypalayam made in S.C.No.127 of 2009, S.C.No.128 of 2009, S.C.No.129 of 2009 respectively, convicting the Appellants/accused 1 and 2 for under Section 3(1) of Tamil Nadu Public Properties Damages Act, 1992 and sentenced them to undergo R.I for one year and fine amount of Rs.1,000/- in default one month S.I and convicting the appellants/accused 3 to 7 for under Section 3(1) of Tamil Nadu Public Properties Damages Act 1992 r/w 120(B) of Indian Penal Code and sentenced them to undergo R.I for one year and fine amount of Rs.1,000/- in default one month Simple Imprisonment by its judgment dated 08.09.2011.)

1. Three cases were registered by the respondents on 04.02.2009 against the appellants in Crime.Nos.30, 31 and 32 of 2009. On committal, the Additional Sessions Court, Fast Track Court No.II, Gopichettipalayam took up the case for trial under S.C.Nos. 127 of 2009, 128 of 2009 and 129 of 2009.

2. Aggrieved by the judgment of conviction, these three appeals are preferred. The crime was the outcome of criminal conspiracy resulting in three different incidences of damages to three Government buses and causing hurt to one of the driver in the stone pelting, on the same day but at different point of time and place committed by the same accused. Since the facts and law to be considered are common, this court passes the common judgment as below:

3. The appellants are members of a political party called “Viduthalai Chiruthai”. To voice their support to the tamilians in Srilanka and to condemn the inaction of the Central and State Government, their party and others under the banner “Tamils Protection Movement “called for a bandh on 04.02.2009.

4. To cause fear in the minds of the public the appellants joined together and decided to damage public property namely government public transport buses. Therefore, they hatched a criminal conspiracy. Pursuant to the said conspiracy, on 04.02.2009, at about 11.00 am, the 7th appellant claimed the Aircel tower at Iyer garden, Nambiyur. The appellants 3 to 6 were shouting slogans and drawing the attention of police towards them. The police force which was present moved towards the cell tower. Meanwhile, after diverting the attention of the police force, the 1st and 2nd appellants took the motorcycle owned by the 3rd appellant and at about 12.55 p.m, near Nachipalayam threw stone at the Government bus bearing registration No. TN 33 N 1033, Route No.11-B proceeding towards Nambiyur. They broke the front wind shield of the bus and caused damage to a tune of Rs.2,581.75/- Thereafter, 1st and 2nd appellants proceeded to Nambiyur to Kudakarai road, near Kumaran Salai at about 13.15 hrs threw stones on the Government passenger bus bearing registration No.TN 33 N 1138. Damaged the front wind shield worth Rs.2,581.75/-. Then they both went to Nambiyur to Puliyampatti road, at about 14.00hrs near Lantex Mill, pelted stones at the Government bus bearing registration No.TN-33-N-1961 proceeding towards Mettupalayam via., Nambiyur and damaged the front wind shield worth about Rs 2,854.10/-. Thus, the bus driver Sivakumar sustained injury in the stone pelting.

5. For the above three incidents, cases were registered against seven persons who are the appellants herein.

(i). Based on the complaint given by M.Subramaniam driver of the bus bearing Registration No.TN 33 N 1033 case was registered for offences under section 120-B IPC and Section 3(1) and 5 of Tamilnadu Property (Prevention of Damage and loss) Act, 1992 in Crime number 30/2009. (SC 127/2009).

(ii). Based on the complaint given by G.S.Muthukumar driver of the bus bearing registration No.TN 33 N 1138 case was registered for offences under section 120-B IPC and Section 3(1) and 5 of Tamilnadu Property (Prevention of Damage and loss) Act, 1992