CHANDAN KUMAR Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State Perused the records.

(2.) The petitioner is arrayed as A1 in Spl.C. (KPTCL) No. 31/2014 on the file of the I Addl. District and Sessions Judge & Special Judge, Davanagere under Penal Code provisions and under Indian Electricity Act. The petitioner has approached the trial Court with an application u/S. 227 of Cr.P.C. seeking discharge for the provisions invoked by the police u/S. 304-A of Penal Code and also u/S. 35 of the Electricity Act, 2003 and Rule 44A of the Indian Electricity Rules, 1956. The trial Court has dismissed the said application. Being aggrieved by the same, the present Revision Petition is filed.

(3.) The case of the prosecution before the trial Court is that the petitioner is the PDO of Tyavanagi Grama Panchayath village, Honnali Taluk, Davanagere District, is a non-gazetted official. It is an undisputed fact that survey No. 127 of the said village measures 4 acres 16 guntas. Out of that, an extent of 1 acre 20 guntas of land has been given to Tyavanagi Village Panchayath for the purpose of using the same as graveyard for the benefit of Lingayath community people. The Grama Panchayath has taken a decision to cover the said graveyard with barbed wire fence. It is alleged that the other accused persons 2 to 4 have taken electricity from the street light Pole to the barbed wire fence in order to avoid wrongful entry into the said property by any person or animal etc., A boy by name Darshan son of CW-1 Annappa went near the said barbed wire fence on the ill-fated day, when he came in contact with the said barbed wire fence, he was electrocuted and therefore, the police have registered a case for the above said offences. Further, the said Annappa has also given statement before police with regard to the death of his son. The police after collecting sufficient materials and also obtaining report from the Electricity Board have laid a charge-sheet for the above said offences.