RAJALINGAM Vs. STATE BY INSPECTOR POLICE

JUDGEMENT

(1.) Three accused, including the sole appellant herein, were put on trial for offence under Section 302/34 of the Indian Penal Code, alternatively under Section 304-A of the Indian Penal Code. The Trial Court convicted the appellant under Section 302 and other two accused under Section 302/34 of the Indian Penal Code and sentenced them to undergo life imprisonment.

(2.) Aggrieved by the conviction, they preferred C.A. No. 287 of 1998 and the Madras High Court by the impugned judgment maintained the conviction of the sole appellant but set aside the conviction and sentence of the other two accused persons and that is how the appellant is before us with the leave of the Court.

(3.) According to the prosecution, the appellant was employed as wireman while the other accused persons were employed as lineman at the Divisional Office of the State Electricity Board, Pallapatty. The deceased Anandhan, the son of P.W.-l Ponnambalam and P.W.-17 Shanmigathai were employed as contract labourers in the Board, According to the prosecution, prior to the. date of incident, the staff of the Electricity Board collected donation during the Ramzan festival but the deceased refused to be associated with the collection of donation. It is alleged that during that period, appellant told him that he would be killed by electrocution. The prosecution has further alleged that on 6th of August, 1991 at about 5.30 p.m., the appellant along with other accused came to the residence of the deceased and told him that an electric fault is to be rectified at Chinna Odai Street, Pallapatti. The deceased Anandhan was taken to the said place for rectification of the fault and was asked to climb on the electric post. According to the prosecution, appellant was standing down the electric post while the other accused were near the transformer and had switched off the electric line. It has further been alleged that while the work was going on, the appellant informed the other accused that work is over and they can switch on the line and as directed, the line was switched on and the deceased who was at work was electrocuted. In relation to the incident, a report was submitted by Kannan (P.W.-15), Junior Engineer of the Electricity Board to the Police Station and after investigation, charge sheet under Section 304-A of the Indian Penal Code was filed. It is relevant here to state that P.W.-1 Ponnambalam, the father of the deceased filed complaint inter alia alleging that the appellant along with other accused committed the murder of his son in furtherance of their common intention.