Natural disasters cannot be ascribed to negligence; liability under IPC sections relating to negligence is inapplicable when deaths occur due to vis major.

ORDER :

Leave granted.

2. We have heard learned senior counsel, Mr. S. Nagamuthu for the appellant and learned counsel, Mr. V. Krishnamurthy, Senior Additional Advocate General for the respondent-State.

3. Briefly stated, the case of the prosecution is that the appellant, who is accused No. 1 in the present case, was employed as a Forester in the Kottagudi Division, Theni District, Tamil Nadu. He was also entrusted with the additional charge of the Mandal Division.

4. A trekking organisation under the name “Chennai Trekking Club” led by accused No. 3, Peter Van Geit, had, along with other members of the said Club (accused Nos. 4 to 7), in commemoration of Women’s Day, organised a group of 27 individuals for a trekking expedition from Kolukkumalai to Kurangani.

4.1 On the morning of 10.03.2018, the trekking group assembled at Theni and reached Kolukkumalai at approximately 6:30 p.m., where they stayed the night at the Kolukkumalai Tea Estate and celebrated Women’s Day. The following day, i.e., on 11.03.2018, except for three individuals who refrained from continuing the trek due to foot injuries, the remaining group, led by the Chennai Trekking Club, commenced the journey from Kolukkumalai towards Kurangani. Upon reaching Othamara in the southern part of Kurangani, at around 2:00 p.m., the entire Kurangani region was engulfed in a forest fire. In an attempt to escape the fire, some members of the trekking group fell into a nearby ditch, sustained burn injuries, and subsequently succumbed to death due to smoke inhalation. Other members, who were trapped in the fire, were admitted to various hospitals and later died on different dates due to burn injuries.

4.2 As per the prosecution, on the same day, i.e., 10.03.2018, accused No.2, namely Prabhu, who is also the complainant in the present case, brought another trekking group of 11 people from Erode. On the morning of 10.03.2018, while on their way to Kurangani, the said trekking group purchased trekking passes from Kurangani to Top Station and back for Rs. 200 per person at the Forest Department Check Post in Mundal. Thereafter, appellant/accused No.1 instructed one Ranjith, who was familiar with the area, to accompany the trekking group to Kurangini. Upon reaching Kolukkumalai, they met the trekking group led by the Chennai Trekking Club and stayed overnight at the Kolukkumalai tea estate. The next morning, i.e., on 11.03.2018, both the trekking groups left for Kurangani. While on their way, information was received that a forest fire was spreading and in order to escape the forest fire, Ranjith guided the group to the restricted forest area. By that time, the forest fire had completely engulfed the area, due to which nine people had died, and the remaining were injured.

5. It is alleged that upon the instruction of appellant, trekking passes were bought for Rs. 200 each by the said group and payment of the same was received by the appellant. Subsequently, accused No. 2, with the appellant’s knowledge, guided the trekking group through a prohibited forest area, thereby exposing them to the foreseeable risk of a forest fire on the hill, which later spread due to the wind and resulted in the death of several persons.

6. Based on the aforesaid facts, a complaint was submitted by accused No.2, which came to be registered with Police Station Kurangani, Theni District as FIR No. 18 of 2018 dated 12.03.2018, under Section 174 of the Code of Criminal Procedure, 1973 (for short “CrPC”).

7. After the initial investigation, by way of an alteration report, under Section 174 the case of the CrPC was altered into Sections 336 , 337, 338 and 304 (Part II) of the INDIAN PENAL CODE (for