STATE OF KERALA Vs. ASHRAF

JUDGEMENT

(1.) THIS appeal and revision petition are directed against the order of acquittal in Sessions Case No.50 of 1986 on the file of the Court of Session (Additional Assistant Sessions Judge), Thalassery Division; the appeal is by the State and the revision petition by P.W.2 in the Sessions Case. Respondents three in number, stood trial for the offence under Sec.304 read with Sec.34, I.P.C, for having caused the death of 14 year old Mohammed at or about 4 p.m. on 24.1.1986 by their act of placing a live electric wire at an open place. Mohammed stepped on it and was electrocuted. They were also charged wit having committed the offences under Sec.201, I.P.C. and Sec.43 of the Electricity Act, in the course of the same transaction.

(2.) DECEASED Mohammed, the only son of P.W.2, was working in a shop. His meagre income was the sole support for him and his young mother. On 24.1.1986, which was a holiday for the shop, deceased and P.W.2 paid a visit to their relatives. Around 4 p.m. they went to the nearby river for washing clothes and bathing. While P.W.2 was washing clothes, deceased stepped into the river. He suffered an electric shock, fell forward, suffered convulsions and fell backwards on the bank of the river. P.W.2 cried out in anguish and that brought P.Ws.1, 3, A-1 and A-2 to the scene. On seeing Mohammed lying supine, A-1 is alleged to have said that the unfortunate event was the result of his carelessness, in leavinga live wire in an open place. Second accused tried to remove the wire and then first accused warned him not to touch it. Second accused replied that he had disconnected power supply. Mohammed was then carried to the house of the accused, later to the Chakkarakallu Primary Health Centre, and then to the Kannur Government Hospital. By then, he had died.

(3.) P.W.1 states that Mohammed received electric shock from a wire that originated from the house of first accused and fell down in ankle deep water. Seeing that, he cried for help and that brought A-1 and A-2 to the scene. He would also say that on reaching the scene, A1 exclaimed that the tragedy was the result of his carelessness. A-2 was cautioned by him, not to touch the wire lying there. Mohammed was removed to the house of A-1, and then to the hospital. Next morning he made Ex. P-1 report before the Kannur police. P.W.2 mother of deceased, states that while she was washing clothes, deceased stepped into the river, received electric shock and fell forward. The shock caused convulsions and he was thrown back to the bank. She too speaks about the arrival of P.Ws.1& 3 and accused 1 & 2.P.W.3-brother of P.W.1 and cousin of deceased, states that the deceased sustained electric shock. Like P.W.2, this witness also states that Mohammed was seized by convulsions and that he fell backwards on the bank of the river. He states further that A-1 cautioned A-2, not to touch the wire, as it could be live.