BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 by the accused 2 and 3 in Crime No.879 of 2024 of the Perinthalmanna Police Station, Malappuram which is registered against the accused for allegedly committing the offences punishable under Ss. 304 read with Sec. 34 of the Indian Penal Code, 1860 ((for short 'IPC') and Ss. 3 and 5 of the Explosive Substances Act. The petitioners were arrested on 11/5/2024.

(2.) The prosecution case, in brief, is that: the accused, in furtherance of their common intention and knowing fully well that they don't have licence to possess explosive substances, on 11/5/2024, at around 12.30 hours, took the explosives to a property to dig a borewell. While using the explosives, an explosion occurred and the 1st accused namely Rajendran (deceased) lost his life. The accused used the explosives knowingly fully well that it would endanger human life. The accused did not have licence to use the explosives. Thus, the accused have committed the above offences.

(3.) Heard; Sri.Ahamed Fazil.E.C, the learned counsel for the petitioners and Smt.Neema T.V, the learned Public Prosecutor.