KAMAL NARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the above captioned revisions arise of the same incident that took place on 14/1/2008, therefore, they are being heard together and disposed of by this common order.

(2.) The present applicants have preferred these criminal revisions under Sec. 397 read with Sec. 401 of Cr.P.C. against the order dtd. 19/8/2011 passed by the Additional Sessions Judge, Gariyaband, District Raipur, C.G., in Criminal Appeal No.48/2011, whereby the learned Appellate Court dismissed the appeal, while affirming the judgment dtd. 4/6/2011 passed in Criminal Case No.153/2008 by the Judicial Magistrate First Class, Rajim, C.G, convicting the applicants under Sec. 304-A read with 34 of Indian Penal Code (for short, 'IPC') and sentencing them to undergo rigorous imprisonment for one year and fine of Rs.300.00, in default thereof, to undergo additional rigorous imprisonment for three months.

(3.) Case of the prosecution, in brief, is that on 14/1/2008, complainant- Netram Sahu lodged Dehati Nalishi (Ex.P-4) stating therein that one Kamal Sahu informed him over telephone that present applicants, from the field of Mahesh Sahu, pulled the electric wire from pole to the field of Girdhari Sahu and on account of such pulling, the electric wire touched the fencing installed in the field of Mahesh Sahu and on the fateful day, deceased- Naveen Yadav, while passing the field of Mahesh Sahu, came in contact with the fencing and died on account of electrocution. Based on the said report, FIR Ex.P-10 was registered against the present applicants. Thereafter, merg intimation (Ex.P-5) was recorded and inquest proceedings were conducted vide Ex.P-2 and dead body was sent for postmortem examination where Dr. A.K. Humne (PW-5) examined the dead body and gave his report Ex.P-8 opining that deceased died of electrocution.