ARAVIND Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short) by the first accused in Crime No.474/2024 of the Maranalloor Police Station, Thiruvananthapuram, which is registered against two accused persons for allegedly committing the offence punishable under Sec. 105 r/w Sec. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The petitioner was remanded to judicial custody on 13/10/2024.

(2.) The concise case of the prosecution is that; the first accused had taken a poultry farm on lease and sub-let the same to the second accused. The first accused had installed an electric fence around the poultry farm, to prevent anyone from entering the same, with the full knowledge that the electric fence would endanger human life. The second accused took the poultry farm from the first accused on 1/1/2024 on an oral on an oral sub-lease. On 12/10/2024, the mother of the de facto complainant named Valsamma (deceased) touched the electric fence and got electrocuted. She lost her life then and there at the spot. Thus, the accused have committed the above offences.

(3.) Heard; Sri.K.K.Dheerendrakrishnan, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Senior Public Prosecutor.