STATE Vs. ERWADI KASIM

JUDGEMENT

(1.) The accused/respondents herein, who were arrayed as A-1 and A-5 along with one Mohammed Dastagir, who died pending trial, and one other accused, viz., Ayub @ Ashraf Ali, who was absconding and, therefore, the case against him was split up, were charged and tried before the learned Sessions Judge, Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai, in S.C. No.10/03 for various offences under the Indian Penal Code , Explosives Substances Act , 1908 and Tamil Nadu Public Property (Prevention of Damage & Loss) Act , 1992 and the trial court found that the prosecution, having not proved the case as against the accused beyond reasonable doubt, acquitted the accused/respondents herein. The State, aggrieved by the said order of acquittal has preferred the present appeal. For the sake of convenience, the accused/respondents herein will be referred to as accused.

(2.) The brief facts, necessary for disposal of this appeal, are as hereunder :- It is the case of the prosecution that in furtherance of the common intention of the accused against the high-handed act of the police authorities against a particular community and also to teach a lesson to the police authorities, the accused, conspired and in furtherance of the said conspiracy, procured explosive substances and on 1.12.97 at about 9.10 p.m., the accused using a bucket bomb caused explosion in front of Vepery Police Station.

(3.) P.W.s 1 and 2 were having shops opposite the Vepery Police Station. On 1.12.97, at about 9.10 p.m., P.W.s 1 and 2 along with one Manickam were conversing with each other. P.W.3 along with his friend Ramesh Babu, were nearing the Vepery Police Station at about 9.10 p.m. on the said date and at the same time, P.W.4 was also nearing Vepery Police Station. P.W.s 1 to 4 saw two persons standing near the police station in a two wheeler and at that time, there was a loud explosion in front of the police station. Due to the said explosion, Manickam, who was standing along with P.W.s 1 and 2 fainted and fell down. The two persons, who were standing with the two wheeler left the place. P.W.s 1 to 3, with the help of the streetlight, saw the identity of the two persons in the two wheeler, when they left the scene of occurrence. P.W.6, who was on traffic duty, while heard the explosion, also saw the two persons passing him in the motorcycle. After the explosion, based on the complaint, Ex.P-1, given by P.W.1, a case in Crime No,.2996/97 was registered. The printed FIR, Ex.P-25 was sent to higher officials.