Conviction for rioting, criminal trespass, and mischief by fire causing damage to public property is upheld; sentencing discretion may reduce prison term below statutory minimum where mitigating factors exist.

JUDGMENT

This Criminal Appeal is filed against the judgement of conviction and sentence passed in SC No.195 of 2017, dated 25/11/2019 by the II Additional District and Sessions Judge, Thoothukudi.

2.The case of the prosecution in brief:-

On 09/06/2023, all the accused persons have set fire the documents and other things kept in the Store Room of the Panchayat Union Middle School, Kayalpattinam, caused damage to the tune of Rs.25,000/- and damaged the Government records. Upon the complaint given by the Headmaster of the School, a case in Crime No.166 of 2013 was registered by the respondent police for the offences under sections 147, 448, 436 IPC and section 3 of TNPPDL Act. After completing the investigation, final report was filed for the offence punishable under sections 147, 448 and section 4 of TNPPDL Act. It was taken cognizance in SC No.195 of 2017 by the II Additional District and Sessions Judge, Thoothukudi. After completing 207 Cr.P.C proceedings, the following charges were framed against the accused:-

(i)Due to rental dispute in the Panchayat Union Primary school situated in Kayalpattinam Theevu Thidal, on 09/06/2013 at about 04.30 pm, A1 to A5 made an unlawfull assembly, when PW2 went to the school to clean the water tank and thereby the accused persons committed the offence under section 147 IPC;

(ii)In course of the above said occurrence, at about 04.30 all the accused persons entered into store room of the school by breaking open the lock with an intention to set fire the records and thereby all the accused persons committed the offence punishable under section 448 IPC; and

(iii)In the course of the above said occurrence, all the accused persons caused damage to Marippu thattu-3, Globle-1, Teaching Aids I to V, ABC Cards-1 to V, Plastic mate-24, Flower books by setting fire, thereby caused damage to the tune of Rs. 50,000/- and so, all the accused persons committed the offence punishable under section 4 of TNPPDL Act.

3.To that charges, all the accused persons pleaded not guilty and claimed to be tried.

4.During trial, on the side of the prosecution, 11 witnesses were examined and 11 documents marked. Apart from that, MO1 was marked. On the side of the accused, no oral and documentary evidence was adduced.

5.PW1 was working as Headmaster in the Panchayat Union Primary school situated in Kayalpattinam Theevu Thidal. On 09/06/2013 at about 04.30 pm, PW2 went to the school to clear the water tank. At about 04.30 when he entered into the school, he found one Farook and other accused persons burning the attendance register, admission register, teaching aid and other registers, etc. He immediately informed PW1 about the occurrence. On hearing the same, PW1 along with other teachers and staff went to the school and found the accused burning the articles, attendance register etc. When objected, the accused stated that the building belongs to them, but no rent was paid. The damaged articles are worth about Rs.25,000/-. He immediately lodged a complaint under Ex.P1 with the Arumuganeri Police Station.

6.That complaint was received by PW9 who was working as the Sub Inspector of Police, attached to Arumuganeri Police Station, on 09/06/2013 at about 8.00 pm in the night, registered a case in Crime No.166 of 2013 for the offences under sections 147, 448, 436 IPC and section 3 of TNPPDL Act and submitted the recovered articles to the concerned court and copies to the concerned higher officials.

7.PW10 took up the investigation, who was working as Inspector of Police during the relevant time in the police station, on 09/