TIKURAM Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment dated 26 -3 -2009 delivered in Criminal Appeal No. 42/2008 by the Additional Sessions Judge, Gariyaband, District Raipur, whereby conviction of the Petitioner under Section 304A of the I.P.C. and the rigorous imprisonment for 6 months and fine of Rs. 2,000/ - awarded by the Judicial Magistrate First Class, Rajim in Criminal Case No. 49/2007 by judgment dated 1 -10 -2008 was affirmed.

(2.) BRIEFLY stated the prosecution story is that the Petitioner had taken an illegal connection from the low tension line of the Chhattisgarh State Electricity Board (henceforth 'CSEB') by connecting a 250 meter long, 6 square millimeter PVC wire for running a motor pump in his field for irrigation purposes. On 26 -8 -2005, Salikram carrying a haystack on his head tried to go underneath the wire and in that process died due to electrocution. Prosecution under Section 304A of the I.P.C. was launched. The Petitioner abjured the guilt. The prosecution examined as many as 12 witnesses. No evidence was adduced in defence. The trial Judge convicted the Petitioner under Section 304A of the I.P.C. and sentenced him to undergo rigorous imprisonment for 6 months and also to a fine of Rs. 2,000/ -. Affirming the conviction and sentence awarded to the Petitioner, Criminal Appeal No. 42/2008 was dismissed.

(3.) ON the other hand, Shri P.R. Patankar, learned Panel Lawyer for the State/non -applicant argued in support of the impugned judgment.