- (1.)Heard Shri M. Kariya, learned counsel for applicant and Shri Jichkar, learned A.P.P. for the respondent.
(2.)By this revision application, the applicant takes exception to the Judgment and Order dated 21st October, 2001 passed by the Sessions Judge, Yavatmal in Criminal Appeal No.22/2001 dismissing the appeal filed by the applicant against the Judgment and Order dated 26/04/2001 in Criminal Case No.200/98 by the Chief Judicial Magistrate convicting the applicant for offence punishable under Section 3(1) for the Prevention of Damage to Public Property Act, 1984 ("the Act" for short) and sentencing him to suffer Rigorous Imprisonment for six months and to pay fine of Rs.1,000/- and in default to suffer Simple Imprisonment for three months.
(3.)Brief facts, giving rise to the present revision application, are as under.
The applicant who is a resident of Khandapur, Tahsil Digras, District Yavatmal was an educated unemployed. On 07/08/98 at about 11.00 a.m., he entered the office of Rehabilitation Office at Yavatmal and went to the cabin of Rehabilitation Officer. Thereafter, he lifted glass on the table and threw it on the ground. He also broke cabin glass, table glass and glass of bath room. He also caused damage to the table, chair, almirah, racks, typewriters, cooler, tube-lights and other records in the office. At about 4.00 p.m. On the same, P.W.6 Shyam Amlekar, Superintendent at the office lodged report at the Police Station. Investigation was taken up. After completion of the investigation charge sheet was filed against the applicant in the Court of Chief Judicial Magistrate, Yavatmal. Charge was framed against the applicant under Section 427 of Indian Penal Code, Sections 4/25 of Arms Act, Section 135 of Bombay Police Act and Section 3(1) of the Prevention of Damages to Public Property Act, 1984. The applicant pleaded not guilty. In the course of the trial, the prosecution examined seven witnesses. The applicant examined Sahebrao, the brother of the applicant, as defence witness. The learned Magistrate, upon appreciation of evidence led by the prosecution and the applicant/accused, held that offence under Section 3(1) of the Act was made out and acquitted the applicant of other offences. Aggrieved, the applicant preferred appeal to the Sessions Court at Yavatmal which was dismissed. Hence, the present revision application.