R. SUBRAMANI NAIDU Vs. STATE

JUDGEMENT

(1.) On 29/1/2015, at about 10.00 a.m., one Chinnathambi, S/o Sanjeevi, gave a complaint to the Sub Inspector of Police attached to Pothatturpet Police Station, informing that his father Sanjeevi an agriculture labourer and lessee of land situated at Pothatturpet owned by one Elumali went to the field on 28/1/2015 at 10.00 p.m from his house to watch the field, where the harvested paddy kept. While crossing the land of one Subramani Naidu, S/o Ramaiya Naidu, he was electrocuted. Since the said Subramani Naidu has put up electrical fence illegally to protect his groundnut field, unknowingly, his father, who crossed the field, died due to electrical shock. On the next day morning i.e. on 29/1/2015 at 06.30 a.m, the passerby noticed and informed him about his father death. Therefore, to take action against the said Subramani Naidu, a complaint was given and the same was registered in Crime No.26 of 2015 under Sec. 304 of IPC.

(2.) On obtaining a post-mortem certificate and recording the statements of the witnesses, the Inspector of Police, Thiruvalangadu, filed a charge sheet that:

(3.) On taking cognizance of the report, the matter was made over to the Sessions Court, since the offence is exclusively triable by the Court of Sessions. On perusing the materials relied on by the prosecution, the Principal District and Sessions Court, Thriuvallur, framed charges under Sec. 304 of IPC and Sec. 135 (1) (e) of the Electricity Act, 2003 against the accused-Subramani Naidu.