HANAMANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused feeling aggrieved by judgment of first appellate Court on the file of IX Addl. District and Sessions Judge, Belagavi in Crl.A.38/2015, dtd. 19/2/2016, dismissing the appeal and confirming judgment of conviction and order of sentence passed by Civil Judge and JMFC, Ramadurg in CC.No.297/2013, dtd. 27/2/2015 for the offences punishable under Ss. 336 and 338 of IPC, preferred this Revision Petition.

(2.) Parties to Revision Petition are referred with their ranks assigned before Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 9/2/2013 at 4.00 p.m. complainant took accused, who is KEB lineman to fix the electricity meter to his house, since he has obtained permission from the KEB authority, the accused fixed the meter to the said house. When complainant asked the accused to connect wire, who in turn being unable to climb poll on account of old age, asked the complainant to climb pole for connecting wire and he will inform KEB authorities to disconnect electricity supply and on such asking of accused, complainant climbed the pole to connect electricity, at that time, he was electrocuted and fell down from the pole. Thereafter, his brother brought him to district hospital, Belagavi on account of burn injury sustained on his both eyebrow, neck, left elbow, right wrist, etc. It is further alleged by prosecution that due to negligence of accused in asking the complainant to climb pole when there being no safety measures taken has resulted in complainant sustaining burn injuries due to electrocution. On these allegations, investigation was carried out and charge sheet came to be filed.