BPL has eight units spread over different parts of Bangalore city, carrying on its business activities.
CW.98, I.O. prepared a spot Mahazar Ex.
The prosecution, in order to bring home the charges levelled against accused examined PW1 to PW56, marked documents P1 to P121 as exhibits and M.Os 1 to 41 in support of the prosecution version.
Similarly, on 20.4.1999 he recorded statement Exh.
Thereafter, on the same night, he went to DG Hospital and recorded statement of Latha Maheshwari.
A6 P.A. Bharathkumar companyvicted by the High Court has number preferred any appeal, thus in this judgment order, we are number dealing with his case.
A. Nos.
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Learned trial judge, on appreciation of evidence available on record, companyvicted in all only 7 accused i.e. A1 R.Srinivas, A2 T.K.S. Kutti, A15 N.V. Ravi Ravinanda Kumar, A25 R. Ramesh, A32 Dharanesh Kumar, A33 S.Jagadish and A46 Sharath Kumar for companymission of offences punishable under Section 302, 307, 435, 427, 143 and 148 read with 149 of the IPC awarding them maximum punishment of life imprisonment u s 302 and ancillary sentences and companyresponding fines in each case for other offences with a direction that sentences will run companycurrently.
However, this fight between Trade Union and the management took an ugly turn on 25.3.1999, when a private chartered bus carrying some of the employees of BPL, was stopped at Annepalya so as to allow the workers to alight.
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At that time, A1 to 49 formed an unlawful assembly.
On 2.4.1999, he recorded statement of Sinija, an injured passenger of the bus, in the presence of doctor which was marked as Exh.
C.W.98 Suresh Naidu, Circle Inspector of Police Ashoknagara Police Station hereinafter shall be referred to as I.O. received telephonic message in respect of the aforesaid incident at about 6.45 p.m. Taking clue from the said message, I.O. immediately proceeded to the spot and found bus bearing registration No.
TN 28B 6999 still under flames and fire fighting staff was extinguishing fire.
Protest demonstration by the members of Union of BPL either within the premises or outside different units companytinued.
188 of 2004 was filed by State of Karnataka against aforesaid seven companyvicted accused for enhancement of sentences of life imprisonment to death sentence and Criminal appeal No.
He recorded statement of one Devaki.
189 of 2004 was also filed by the State of Karnataka, against that part of Crl.
judgment and order of trial companyrt whereby out of 49, 42 accused were acquitted.
Even thereafter, protest demonstration and the strike companytinued for about a week.
All the appeals before the High Court were heard analogously and disposed of by a companymon judgment.
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The bus was then put on fire by A33.
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Since despite doing their best, BPL was number able to companytrol and manage hostile attitude of the Union, it was companystrained to file Crl.
As the prayer of the Union was number acceded to by the BPL management, the members of the Union held Dharnas, protests and meetings, outside factory premises at different units of BPL.
Thereafter, photographs of the ill fated bus from outside were taken.
It is on record that A1 R. Srinivas and A2 T.K.S. Kutti were the President and Secretary respectively of the said Union and A3 to A47 and other accused were said to be active members of the said Union.
Subsequently, the companycerned judicial magistrate was also informed at about 11.45 p.m. Crl.
A4 C. Magesh, A8 Edwin Noyal, A16 S.Babu and A34 Nagaraj additionally found guilty and companyvicted for the same offence by the High Court.
A1 and A2 were shouting Crl.
On instructions from senior police officer, some of the accused were arrested.
Sinija succumbed to burn injuries on 11.4.1999.
A. Nos.
No further Appeal has been preferred by the State as well.
On the other hand, Criminal Appeal No.
However, on challenge being raised by the Union to the said show cause numberice by filing a petition, purportedly under Articles 226 and 227 of the Constitution of India, High Court of Karnataka, Bangalore, was pleased to quash the said show cause numberice.
On 19.11.1998, there was serious protest demonstration by the leaders, office bearers and other active members of Union, persuading employees number to attend to the work at BPLs Basavapura Unit.
A46 stood at the only gate available at front part of the bus along with others to prevent the workers from getting down.
According to prosecution, they had been actively participating in the activities of Crl.
An order of injunction was passed against the members of the BPL Group of Companies Karmikara Sangha hereinafter shall be referred to as Sangha number to hold any demonstration within a radius of 100 meters from the factory premises.
1624 of 2003 was filed by the aforesaid 7 companyvicted accused.
A. Nos.
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Thus, the case, initially registered under Section 307 was companyverted into one under Section 302 of the Indian Penal Code IPC along with other allied sections.
On the basis of the companyplaint having been lodged by Lalitha, BPL management also lodged a companyplaint against A6, A15, A33 and A36 and A47.
the Union, making demands, which the BPL management did number accede to.
D1 to D328 in support of their defence.
BPL management also initiated disciplinary proceedings against A6 P.A. Bharathkumar, A15 N.V. Ravi Ravinanda Kumar and A33 S. Jagadish, for their alleged acts of misconduct in one of its units.
Thereafter, they applied for registration of the Union.
A. No.
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A. Nos.
Some of the employees went on hunger strike.
The registered Trade Union, thus, as was expected, placed charter of demands before the management for regularization of all temporary employees who had been working for long number of years.
Employees of all the units of BPL Engineering Ltd. formed a companymon trade union.
However, some of the employees who were loyal to the management companytinued to attend work.
The chronological events put herein under would show as to how the prosecution story companymenced.
Crime No.
A. Nos.
Thus, the registered Union of BPL and its employees affiliated to CITU came into existence.
Management of BPL opposed the registration.
A. Nos.
The passengers in the said bus who had sustained burn injuries were initially taken to the house of C.W.42 Smt.
Civil Suits on 30.11.1998 and 2.12.1998 against the striking Trade Union members with a prayer that the members be number allowed to hold any demonstration within the factory premises or units.
P30 of Smt.
I.O. seized kerosene can, stones, clubs, half burnt vanity bags, chappals, rubber sheet, companyers, glass pieces and one can with kerosene oil.
They were apparently number satisfied working on temporary basis for long number of years.
There were as many as three lady accused also named in the said companyplaint.
They were, therefore, hatching a plan to somehow or the other create terrorism and civil disobedience amongst the loyal workers so that they may be afraid of attending to their work.
CW1 N. Ashwathappa, after being given first aid treatment in Bowring Hospital, lodged written companyplaint Exh.
They were charged and prosecuted for companymission of Crl.
This incident took place at about 6.40 p.m. In the said inferno, several passengers of the bus sustained burn injuries and the rear left side of the bus was also badly damaged by fire.
273/1999 was registered.
Nagarathna another injured passenger of the bus in presence of the doctor but she also succumbed to burn injuries on 22.4.1999.
It appears, looking to the nature of activities that are carried on by BPL, large numbers of workers, mostly women, were engaged on temporary basis.
Consequently, a charge sheet was filed against accused A6, A15, A33 and A36, on the companyplaint filed by Lalitha.
Since on account of police protection having been provided to the loyal workers of the BPL, its business activities companytinued, which were number palatable to the accused.
Renuka thereafter were admitted in a Hospital in Patrolling Van popularly called as Hoysala Van, named after one of the Rulers of the State.
After companypletion of usual investigation, he submitted charge sheet against 49 accused.
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This led to lodging of companyplaint FIR by Lalitha, an employee of BPL with Hebbagodi Police Station, bringing aforesaid facts to the numberice of police.
Against the judgment of the trial companyrt, Crl.
Sensing the gravity of the situation, BPL management thought it fit and proper to take help of police so as to provide sufficient protection to its loyal employees and to escort them to and from their respective residences to different units of BPL.
P.C. was recorded.
A. Nos.
The Union was still registered and management filed an appeal against the said order of registration with the Assistant Labour Commissioner, in which show cause numberice was issued to the Union.
All other accused were acquitted by the trial companyrt.
The statement of the accused as companytemplated under Section 313 Cr.
Thereafter, I.O., C.W. 98 went to Victoria Hospital at about 10.45 p.m. and found some of the workers with severe burn injuries.
A15 and A33 were supplied kerosene in two cans by A32, which was sprinkled number only on the remaining passengers of the bus but also on rear left side of the bus.
On 19.6.1999 I.O. sealed all the articles pertaining to this case and forwarded it to the Forensic Science Laboratory for analysis through Head Constable 660.
Since the initial demands made by members of the Union were number acceded to, and did number bring required results for the Union, they adopted hostile tactics in their activities.
A6 and A47 and others pelted stones with the result glass panes of the bus were broken.
slogans in favour of the Union and against the loyal employees of the factory.
These appeals have been preferred firstly by the seven accused companyvicted by the trial companyrt and secondly by four other accused, viz.,
Deepak Verma, J. Narration of facts of the aforesaid criminal appeals arising out of companymon judgment and order passed by High companyrt of Karnataka, Bangalore, in three criminal appeals, one preferred by companyvicted accused, other two by State of Karnataka, would reveal shocking and sad plight as to how a labour dispute can turn hostile culminating into a civil disobedience, thus, snatching away lives of two young women and injuring several others all working in BPL Engineering Ltd. hereinafter shall be referred to as BPL Before companying to the prosecution story, it is necessary to give background facts of the case so as to appreciate as to how charter of demands, of workers of Trade Union had taken an ugly shape causing death of two employees and injuries to several others.
Accused also examined themselves as DW 1 to 31 and got marked Exh.
He also recorded statement of other prosecution witnesses.
Her dead body was sent for postmortem examination.
offences punishable under Sections 120B, 302, 307, 324, 326, 332, 148, 435, 427, 147, 148, 143, 506 read with Section 149 of the IPC.
