KHAMHAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision under Sec. 397 read with sec. 401 of Code of Criminal Procedure, 1973 has been preferred against the judgment impugned dtd. 23/1/2009 passed by learned Additional Sessions Judge, Balod, Distirct Durg, (C.G.) in Criminal Appeal No. 91/2008 whereby the judgment dtd. 5/8/2008 passed by Judicial Magistrate First class, Balod, District - Durg (C.G.) in Criminal Case No. 2021/2005 convicting the applicant under sec. 304 (A) of India Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for one year and fine of Rs.1500.00, in default of payment of fine to further undergo rigorous imprisonment for three month, has been affirmed.

(2.) Facts of the case in brief are that, on 25/6/2005 at about 11.00 hours electric wire was passing through hanging near the badi of co-accused Punarad at village Matiya-B and the deceased Suraj aged 9 years came in contact with the electric wire and died. Further case of the prosecution is that applicant and other accused Punarad Thakur and Pusau Ram Goud had illegally connected wire from the electric pole and with help of sickle earthing wire was also connected. Deceased was taken to the hospital and Doctor sent the death intimation to Police Station- Balod upon which merg was registered and dehati nalishi was written. Post mortem on the body of the deceased was conducted and First Information was lodged. The spot panchnama was prepared and electric wire was seized from the spot. Information of flow of electric current was obtained from electricity board. After due investigation, charge sheet was filed against the applicant, accused Punarad Thakur and Pusau Ram Goud before JMFC, Balod.

(3.) Learned JMFC framed charges under sec. 304 (A) of the Indian Penal Code, 1860. The applicant and other accused persons denied the charge and pleaded innocence. The prosecution examined 14 witnesses and exhibited documents in order to bring home the guilt of applicant.