STATE Vs. KATHIRESAN

JUDGEMENT

(1.) THE State has preferred this appeal challenging the judgment of acquittal passed by the learned Principal Sessions Judge, Chengalpet, dated 22.09.2004 in S.C.No.200 of 2002 acquitting the accused for the offence under Sections 120 (b) r/w 302, 301, 436 (two counts), 114, 302 r/w 301 and 114 r/w 307 IPC and Sections 4 and 5, Section 5 r/w Section 6 and Section 6 r/w Section 4 of Explosive Substance Act and Section 12(b) of Indian Passport Act, 1967 (two counts).

(2.) ORIGINALLY seven accused have been implicated in this case. The case was split up in view of the absconding of some of the accused and the accused, Saravanabhavan, Balasubramaniam, M. Chandrakumar, Loganathan and Vijayakumar were tried separately in S.C.No.18 of 1987 and they have been convicted by the learned Principal Sessions Judge, Chengalpet, by the judgment dated 31.07.1989 and against their conviction and sentence they have preferred two appeals, namely, Crl.A.Nos.685 and 704 of 1989 and this Court allowed those appeals by the judgment dated 28.04.2000 and acquitted the said appellants. It is brought to the notice of this Court by the learned Additional Public Prosecutor that the State has not preferred any appeal by filing a Special Leave Petition before the Hon -ble Supreme Court against the judgment of acquittal dated 28.04.2000 in Crl.A.Nos.685 and 704 of 1989 and as such the Judgment of acquittal passed by this Court in the above said appeals reached finality.

(3.) THE sum and substance of the prosecution case as per the charge is that the accused/respondent along with the other co -accused, Saravanabhavan, M. Chandrakumar, Loganathan, Vijayakumar and Balasubramaniam, concerned in S.C.No.18 of 1987 (already acquitted by this Court) and the absconding accused, Thambiraja, Vigneswararaja and Sree @ Uma and approvers, Ramu (P.W.1) and Dhandapani between March 1984 and August 1984 at Injambakkam, Thiruvanmiyur in Chengalpattu District and at Palayamkottai in Tirunelveli District, at Madurai Town, and at Meenambakkam International Airport agreed to do or caused to be done illegal acts to wit, to obtain passports furnishing false information regarding name and address to procure explosive substances, viz., gelatin detonators Sodium metals (liquid) Red Phosphorous and apparatuses viz., electric wires, time pieces, glass bottles for the purpose of manufacturing time bombs, and to send the said time bombs in suit cases to Colombo Airport, Sri Lanka in Airlands Flight through Meenambakkam International Airport and to cause explosion at Colombo Airport with intent to endanger human life and property.