STATE Vs. J.K. JAYAKUMAR AND ORS.

JUDGEMENT

(1.) THE order of acquittal dated 18th May, 2006 passed in Sessions Case No. 6 of 2002 by the Sessions Judge for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai is being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that all the accused are members of Tamil Nadu Liberation Army and for the purpose of promoting its activities and also with an intention to cause loss to public properties, all the accused have formed an unlawful assembly from 1.4.1999 to 3.4.1999 and in pursuance of the same, on 3.4.1999 during night hours, the accused have blasted Power Feeder Tower, which belongs to the Tamil Nadu Electricity Board. After occurrence, a complaint has been lodged on 4.4.1999 and the same has been registered in Crime No. 51 of 1999. The complaint alleged to have been given with regard to occurrence has been marked as Ex. P. 1.

(3.) THE trial court, after hearing arguments of both sides and upon perusing the relevant documents, has framed necessary charges under sections 148 and 149 of Indian Penal Code and also under section 3 of Tamil Nadu Public Property (Damages and Loss) Act and also under sections 3, 4 and 5 of Explosive Substances Act and the same have been read over and explained to them. All the accused have denied the charges and claimed to be tried.