STATE OF RAJASTHAN Vs. CHITTARMAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court, Jaipur Bench altering conviction of the respondent from one punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) to Section 304A IPC. Two years rigorous imprisonment and a fine of Rs. 5000/- with default stipulation was awarded.

(2.) Background facts in a nutshell are as follows: Shri Girdhari (PW-13) submitted a written report to S.H.0. P.S. Thoi, District Sikar, to the effect that in the intervening night of 13/14th March, 1997 his father Ram Kumar (hereinafter referred to as deceased) went to his field for irrigation. Accused Chhittar due to enmity had fixed naked live electricity wire near the fencing with the intention to kill Ram Kumar. When in the night Ram Kumar came in contact with electric wire he died due to electrocution. At about 3.15 A.M. complainants younger brother Murlidhar went to give tea to his father, and he also died due to electrocution. After some time uncle of complainant Sua Lal noticed the dead bodies of Ram Kumar and Murlidhar lying in the field, he raised alarm. Complainant and other neighbour reached there. At that time Chhittar removed the wire from the electricity pole and tried to remove the wire from the place of occurrence, but he was prevented from doing so by the persons assembled there. On the basis of this report a case under Section 302 IPC was registered against the accused (FIR 29/97). The Investigating Officer immediately proceeded to the place of occurrence, prepared panchnama, site plan, and the wire was seized. Post mortem was conducted by the Medical Officer. According to the post mortem report the cause of death of Ram Kumar and Murlidhar was due to electrocution. The accused was arrested on the same day. After completing investigation a charge sheet was filed in the Court of Judicial Magistrate, Neem Ka Thana, for the offence punishable under Section 302 IPC. Learned Magistrate committed the case for trial to the Court of Sessions. The case was tried by the learned Additional Sessions Judge, Neem Ka Thana.

(3.) The learned Additional Sessions Judge after hearing the arguments framed the charge for the offence punishable under Section 302 IPC against the accused, who denied the charge and claimed to be tried.