CRL.A.(MD)No.193 of 2016

BAIL SLIP

Sam Stalin, S/o. Selvaraj, aged about (30/16), sole accused was

released on bail vide order of this court dated 08.06.2016 in CRL MP

(MD)No.4339 of 2016 in CRL A(MD).No.193 of 2016.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 13.07.2021

DELIVERED ON : 30.07.2021

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

CRL.A.(MD)No.193 of 2016

Sam Stalin

: Appellant/Sole Accused

Vs.

State represented by

The Inspector of Police,

Thattarmadam Police Station,

Tuticorin District.

(Cr.No.26 of 2014)

: Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 378 of Criminal

Procedure Code, to call for the records in S.C.No.221 of 2014

relating to the judgment, dated 03.11.2015 passed by the learned

Principal Sessions Judge, Tuticorin and to set aside the judgment of

the conviction on the appellant/accused.

For Appellant

: Mr.T.A.Ebenezer

For Respondent

: Mr.T.Senthil Kumar

Government Advocate (Crl.side).

***

JUDGMENT

This appeal is filed as against the order of conviction and

judgment of sentence in S.C.No.221 of 2014 on the file of the

learned Principal Sessions Judge, Tuticorin, dated 03.11.2015

convicting the sole accused/appellant herein to undergo two years

rigorous imprisonment and fine of Rs.32,000/- under Section 4 of the

Tamil Nadu Properties (Prevention of Damage and Loss), Act and one

year rigorous imprisonment under Section 506(2) IPC.

2.Heard Mr.T.A.Ebenezer, learned Counsel appearing for the

Appellant and Mr.T.Senthil Kumar, learned Government Advocate

(Crl.side) appearing for the Respondent.

1/9

https://hcservices.ecourts.gov.in/hcservices/

CRL.A.(MD)No.193 of 2016

3.The case of the prosecution briefly as follows:

3.1.On 28.01.2014, by around 12.30 pm, PW-1, Durai Victor, had

parked his two wheeler TVS Super Excel bearing registration No.TN-

69-AW-4719, in front of his house at Pudukuti Street, Athisayapuram,

Tuticorin and was talking with PW-2, Yosappu son of Samy Udayan, and

PW-3, Joshwa, son of Moses Nadar, in front of his house. At that

time, the accused Sam Stalin son of Selvaraj Raj Nadar, came there

with a bottle containing petrol and abused PW-1, Durai Victor, in

filthy language, “you bastard, you have parked your vehicle in a

place, where a person cannot walk”. So saying, he had poured the

petrol, that he had brought in a plastic bottle over the two wheeler

and setting on fire with match stick. On seeing this, PW-1, Durai

Victor and his brother's son, PW-3, Joshwa, and other person, PW-2,

Yosappu, with whom PW-1 was speaking, came rushing towards the two

wheeler. On seeing them, the accused herein shouted at them, if you

come near the vehicle, you will also be set fire and ran away. The

two wheeler burnt to ashes.

3.2.Therefore, PW-1, Durai Victor, proceeded to the Police

Station and lodged a complaint under Ex-P1 by 13.15 hours. The Sub

Inspector of Police, PW-7, Vargheesh Ammal, had registered a case in

Thattarmadam Police Station, Tuticorin in Cr.No.26 of 2014 for the

offences under Sections 294b and 506(2) IPC r/w Section 4 of Tamil

Nadu Properties (Prevention of Damage and Loss), Act. The original

complaint under Ex-P1 and the FIR under Ex-P6 were forwarded to the

learned Judicial Magistrate, Sathankulam and the copy of the

complaint under Ex-P1 and the FIR under Ex-P6 were placed before

the Inspector of Police, Thattarmadam Police Station, PW-8,

Robinson.

3.3.On receipt of the FIR from PW-7, PW-8, the Inspector of

Police, Robinson, proceeded to the house of the PW-1, Durai Victor

at 14.00 hours and prepared observation mahazer under Ex-P2 and

rough sketch under Ex-P7 in the presence of PW-4, Jeyakumar and one

Visuwasam. He had seized the burnt two wheeler bearing registration

No.TN-69-AW-4719 TVS Super Excel and a white bottle under seizure

mahazer under Ex-P8, the half burnt seat of the two wheeler, MO-4

and examined PW-1, Durai Victor, PW-2