VELLINGIRI THEVAR AND ANOTHER Vs. STATE AND ANOTHER

JUDGEMENT

(1.) VELLINGIRI Thevar, the first petitioner herein, is the lessee of a coconut thope in Vellalore a village in Coimbatore district. The second petitioner is his servant. For preventing persons, from climbing on the trees for removing coconuts, the petitioners had put G.I. electric wires around the trunks of the coconut trees. They had allowed electric current to pass through these wires. Two persons, Marudan and Krishnan, who came late contest with the live wires, on the night of 14th November, 1967, died at the spot. P.W. 1, Sreedharan, found the dead bodies entangled in the wire, the wire being connected to the coconut tree which stood at a distance of about 25 feet from that place. He gave the report, Ex. P -1 to the police. P.W. 12, the Sub -Inspector, reached the scene at 6 p.m. He found G.I. wires of 20 gauge tied around 60 coconut trees in the thope and the end of the wire was found inserted into a plug in the garden shed, near the well while the other end was at the right hand of the deceased Marudan. The dead body of Krishnan was lying close to him. Dr. Rajaram, P.W. 10, who did the autopay over the body of Marudan opined that death was due to electric shock, caused by contact with live wires. As regards Krishnan, the other victim, the doctor stated that he also should have died of electric shock by coming into contact with live wire or with the person already in contact with such a wire. The learned Magistrate convicted the petitioner under S. 304 , I.P. C. and sentenced the first petitioner to undergo R.I. for six month and the second petitioner to suffer R.I. for one month. On appeal, the Sessions Judge, Coimbatore, confirmed the convictions, set aside the imprisonment and modified the same into one of fine Rs. 700 for the first petitioner and Rs. 200 for the second petitioner. The petitioners contend that these convictions are not correct.

(2.) (After discussing the evidence, His Lordship proceeded).

(3.) THE conviction is correct and the sentence is not excessive. Both are confirmed. The revision falls and is dismissed.