ARAVAMUTHU Vs. STATE

JUDGEMENT

(1.) The appellant, who is an accused in Crime No.1566 of 2020, for offence under Sections 304(2) IPC, 135(1)(a) of the Indian Electricity Act, 2003 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, has filed the appeal to set- aside the order dated 21.10.2020, made in Crl.M.P.No.456 of 2020, passed by the learned Sessions Judge, (FAC) Special Court for Trial of Cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, Tiruvannamalai.

(2.) The 2nd respondent was served notice on 07.11.2020. The copy of the served notice was produced and her name also printed in the cause list.

(3.) The gist of the case is that the 2nd respondent is the defacto complainant in Crime No.1566 of 2020. On 22.09.2020, at about 09.00 a.m., the 2nd respondent, who is the mother of the deceased Murugan lodged a complaint that she had one son Murugan aged about 28 years and two daughters, all are married and they belong to Irular Community. The deceased Murugan had two sons viz., Muniyandi and Sadaiyandi, who are aged about 7 and 2 years, respectively. The deceased Murugan was carrying on the traditional work of catching fish, hunting rat and etc., and he used to go for hunting in neighbouring villages viz., Sathanur, Keeznarma, Murukeri and Vilangadu in day and night hours, passing the field of the appellant. Likewise on 22.09.2020, at about 01.00 a.m., the appellant along with his friends Chinnarasu and Babu went for rat hunting. While they were passing the field of the appellant, the deceased Murugan had come in contact with the high tension electric fencing wire, which was illegally put up by the appellant, drawing the power directly from the high tension EB line. Due to which, the son of the 2nd respondent Murugan got electrocuted and died on the spot. Hence, the complaint.