V NAGAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenging the order passed by the learned Additional District and Sessions Judge, Fast Track Court No. 2, Tindivanam, Villupuram District, declining to discharge the Petitioner, who is the 2nd Accused in S.C. No. 117 of 2008 on the file of the said Court, he has come forward with this petition.

(2.) The facts in brief are as follows: The 1st Accused Mr. Sekar is the proprietor of a concern known as M/s. Sri Sakthi Explosives, having business place at Padirapuliyur Village, Villupuram District. He has obtained necessary license for possessing explosives as per the provisions of the Explosives Substances Act, 1908. The Petitioner/A2 is the Manager of the said concern. A3, one Mr. Annamalai was working as a Blaster in the said concern. A1 owned a jeep bearing Regn. No. TCQ 3033. One Babu (since died) was the driver of the said jeep and one Kumar @ Senthil Kumar (since died) and one Balaraman (since died) were the loadmen working under A1. On 07.04.2007 at the instance of A1 and the Petitioner/A2, the said Kumar and Balaraman loaded explosives in the said jeep and travelled in the same. Babu (since died) drove the jeep. The jeep was proceeding towards Sendoor Vilage on the National Highways. At about 11.30 a.m. smoke emanated from the jeep and so Babu stopped the jeep. As soon as the jeep came to a halt, explosives kept in the jeep went off resulting in total damage to the jeep and extensive damage to the nearby buildings. Few more vehicles, which were passing through, also were damaged. The driver of the jeep - Babu and loadman Balaraman died instantaneously. Kumar @ Senthil Kumar - another loadman was rushed to the hospital. But, he also died. The people who happen to be present at or near the place of occurrence were also victims of the blast. Including the above 3 persons, totally 16 persons died in the incident and as many as 17 persons sustained minor injuries and 7 persons sustained grievous injuries. A total number of 59 tiled houses and 38 terraced houses were damaged thereby causing loss to the tune of Rs. 18,11,000/-. A goat worth about Rs. 2,000/- also died. A school building was also damaged. The total loss caused to the properties works out to Rs. 28,75,000/- As stated above, two cars bearing Regn. Nos. TN 65 F 2232 and TN 65 F 9605 also sustained damages.

(3.) The Village Administrative Officer of Sendoor Village, who came to the spot on hearing the incident, preferred a complaint to the police on which a case in Cr. No. 0174 of 2007 was registered at 12.30 p.m. on 07.04.2007 under Sections 286 & 304 of IPC read with Section 3(b) of the Explosives Substances Act, 1908. On completing the investigation, a final report was submitted by the police against Sekar (A1, who is the proprietor of the said concern), the Petitioner herein (A2, who is the Manager of the said concern) and Annamalai (A3, who is the Blaster of the said concern) for offences under Sections 324 (17 counts), 326 (7 counts), 427 (185 counts) 429, 268, 286 & 304(ii) (13 counts) of IPC and under Section 4 (60 counts) of the Tamil Nadu Properties (Prevention of Damage and Loss) Act, 1992 and under Section 9(B)(1)(3)(c)(ii) of the Explosives Act, 1884 and under Section 3(b) of the Explosives Substances Act, 1908.