SHABBIR HUSSAIN Vs. STATE OF C.G.

JUDGEMENT

(1.) The present applicants have preferred this criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. against the order dtd. 24/7/2010 passed by the Fourth Additional Sessions Judge (Fast Track Court) Ambikapur, District - Surguja, Chhattisgarh, in Criminal Appeal No.43/2009, whereby the learned Appellate Court dismissed the appeal, while affirming the judgment dtd. 30/4/2009 passed in Criminal Case No.448/2007 by the Judicial Magistrate First Class, Sitapur, District - Surguja, Chhattisgarh, convicting the applicants under Sec. 304-A of Indian Penal Code (for short, 'IPC') and sentencing them to undergo rigorous imprisonment for six months each and fine of Rs.400.00 each, in default thereof, to undergo additional imprisonment for two months.

(2.) Case of the prosecution, in brief, is that on 5/5/2004, the accused persons/applicants had installed a thresher machine for their wheat crop which was to run on electric current. It is alleged that the applicants had called one Shahjahan (deceased) of the village and asked him to climb over the electric pole and connect the thresher wire stating that they have spoken to the lineman of Sitapur who has disconnected the electric current on the line and further told that the line would be reconnected at about 3:00 - 4:00 PM. While Shahjahan was working on the pole, the electric line was started as a result of which he came in contact with the electric and got burnt and fell down from the pole. Thereafter, he was taken to Hospital at Sitapur. Subsequently, when he was being taken to Raipur on the advice of the doctor, he succumbed to injuries at about 11:00 PM on the way. Mansoor Khan (PW-01) who is the brother of the deceased along with Izrail Khan and Akhbar Khan (PW-05) lodged merg intimation (Ex.P-1) on 6/5/2004 and FIR was lodged vide Ex.P-4. Inquest proceedings were conducted vide Ex.P-2 and the dead body of the deceased was sent for postmortem vide Ex.P-3 which was conducted by the doctor who gave the report vide Ex.P-07 and opined that the death of the deceased was caused due to cardio-respiratory arrest and spinal shock.

(3.) During investigation, spot map was prepared vide Ex.P-5 and the statements of the witnesses were recorded under Sec. 161 of Cr.P.C.