DASTGIRSAB BABASAB NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is filed by the accused/revision petitioners under Sec. 397 r/w. 401 of Cr.P.C. for setting aside the impugned judgment of conviction and order of sentence passed by the Additional Civil Judge (Jr.Dn.) and JMFC Court, Raibag (for short, 'trial Court') in C.C. No.141/2003 dtd. 26/3/2008 and affirmed by the VII Additional Sessions Judge, Belgaum (for short, 'First Appellate Court/Sessions Judge') in Criminal Appeal No.85/2008 dtd. 13/9/2013, by allowing this revision and acquitting them of the charges levelled against them.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) The brief factual matrix of the case is that, the complainant (CW.1) and his brothers are residing in the form houses situated in the land bearing No.67/2 of Murakudi village; that the deceased Surekha, who was the daughter of the complainant's brother was given in marriage of Hirenandi Village of Gokak Taluk; that on 28/12/2002, the said Surekha had been to Murakudi Village to celebrate fair festival; that just adjacent to the land of the complainant, the land of his brother Basappa is situated and in which the HESCOM authorities have installed Electrical T.C., and through the said electric T.C., one line proceed towards the land of Dundappa (CW.19), s/o. Balappa Patil of Marakudi Village. It is alleged that on 7/1/2003 at about 1.00 p.m., the accused, which are the line-men of HESCOM of Mudalagi Sub- Division, went to Marakudi Village with the list of defaulters to disconnect the electricity power as per the directions of the higher officials, in respect of those customers who have not paid arrears of electric bills. The complainant and his brothers were also defaulters. Thereafter, the accused demanded the complainant to clear off the electricity bill. But, the complainant requested the accused not to disconnect the electricity power to his IP Set bearing R.R. No.259 and he paid an amount of Rs.1500.00 as part payment towards arrears of electricity bill. The accused have received a sum of Rs.1,500.00 from the complainant by passing a valid receipt and then intimated him that they would proceed to disconnect electric power to the IP Set of Dundappa CW.19) S/o. Balappa Patil, who was also a defaulter. It is alleged that the accused have disconnected the power supply by cutting electricity wires, which were laid towards the land of said Dundappa and went away by throwing the cut electricity wires on the ground. On 8/1/2003 at about 9.30 a.m., the complainant went to Mudalagi Village to attend his personal work by instructing his son Manjunath to start IP Set as and when electricity power supply starts. At about 11. 00 a.m., when complainant was at Madalagi, one Mahadev Maruti Patil met the complainant and told that his son Manjunath and his brother's daughter Surekha came in contact with electricity wire which was thrown by the accused in the land and succumbed to injures on the spot. The complainant rushed to the spot and noticed that his son and brother's daughter Surekha were electrocuted and dead. It is alleged that, they came in contact with electricity wire cut and thrown by the accused in the field and in this regard, the complainant lodged a complaint on 8/1/2003 at about 6.30 p.m. The Investigating Officer investigated the crime and submitted the charge sheet against the accused.