SOMNANATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In cases where live electric wire snaps and falls on the public pathway resulting in electrocution of human beings walking through the pathway, can the employees of the licensee in control of the power supply management who are directly in charge of such electric line, shirk from criminal liability by resorting to a plea that such death is not 'causa causans' and is only 'causa sine qua non' to the negligence attributed to them, in defending a charge under S.304A IPC

(2.) The petitioners / accused, who have unsuccessfully challenged their conviction and sentence under S.336 and S.304A read with S.34 IPC before the Additional Sessions Court, North Paravur through Crl. Appeal No. 216 of 2002, have come up in revision.

(3.) Two small school going children, deceased Lijo aged 8 and his sister Liji, aged 11 were trapped by a live electric wire lying on the pathway, while they were on their way to school, at 9.10 a.m. on 31/07/1995. The children, without knowing the impending danger, came into contact with the live wire. Deceased Lijo sustained fatal burns and Liji sustained severe burn injuries. The boy died on 03/08/1995 at 6.30 pm while undergoing treatment. Vadakkumpuram police registered Crime No. 213 of 1995 through Ext. P2 FIR on the basis of Ext. P2 First Information Statement furnished by PW 2 who was an eye witness to the incident. The investigation revealed that there was a coconut tree standing through the space in between the two aluminium electric wires through which electricity was being supplied, and due to the constant rubbing of the trunk of the coconut tree with the aluminium wire, it snapped and fell on the pathway. The first petitioner was the Overseer and the second petitioner was the Assistant Lineman of the Electrical Major Section, Vadakkumpuram on whose negligence the incident had allegedly occurred.