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6. Heard the rival submissions and perused the materials available on record.

7. From the perusal of the records it is seen that the petitioners are the trustees of the trust is not in dispute. Further the name of the petitioners is not find a place in the FIR also not in dispute. From the statement of the witnesses FIR has been registered on 6.8.2012 at about 3.30 p.m. while the Orissa workers were doing the building construction and the construction work was going on in the premises of Jeppiar Institute of Technology. At that time, a pillar fallen which resulted in six persons who were standing behind the pillar died on the spot and six other persons sustained injuries and they were immediately taken to the Government Hospital, Kancheepuram and on the enroute to the hospital, one person died. Thereafter, complaint was lodged by one Bijimadili, aged 26 years. In this complaint the name of the petitioners was not mentioned. Jeppiar Remibai Educational Trust is the trust in which Maria Wilson is the Managing Trustee, Dr.Jeppiaar is the second Trustee and Mrs.Remibai Jeppiar is the third Trustee. The Managing Trustee alone has got the powers to appoint any employee of her choice and to withdraw any power or revoke any appointment of any employee or attorney; to buy or take on lease or exchange or gift/any immovable property for the Trust and to put up buildings or structures on the said property or under the control and possession of the Trust. The powers and duties of the Managing Trustee has been explained in Clause 4 of the Trust Deed dated 16.12.2010. He is the person empowered incidental, conductive and convenient of the object of the Trust employees. Choice of the appointment, exchange, gift of the properties powers are given only to the Managing Trustee and he is not having any specific powers to run the Trust. Various types of powers have been given to the Managing Trustee. As per Clause 18 of the Trust Deed, other two trustees who are the petitioners herein are entitled to call a meeting of the Board for the consideration of any specific subject to be mentioned by the trustees convening the meeting of the Board. There will be a notice of at least 14 days for every meeting so convened and in that meeting the present petitioners can participate. Except this no duties have been allocated to the petitioners. From this it is very clear that as per the Trust Deed the Managing Trustee alone is empowered to to put up buildings or structures on the said property or under the control and possession of the Trust. The other two trustees are not empowered to play any role prima facie except to participate in the Board Meeting.

14. In this case also same view has been taken by this Court. The trust is a charitable or otherwise juristic person, special enactment alone can convict the directors. Not under IPC. Therefore, as the trust even though all the three trustees have been figured as accused only for the two trustees alone this petition has been filed and no petition has been filed for the Managing Trustee. Therefore, this Court is not expressing any opinion on this aspect. This Court ultimately opined that in view of the Judgment of the Hon'bls Apex Court and the judgments rendered by this Court reported in 2011 (2) MWN (Crl.) 494 and 2012(2) L.W. (Crl.) 196 (supra) it has been specifically held that except under the exceptional enactment the offeence under Indian Penal Code will not attract the vicarious liability. Except Section 34 and 149 of IPC, there is no other provision in the Indian Penal Code making constructive liability.