ARUMUGHAM Vs. STATE

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 52 of 1997 on the file of Principal Sessions Judge at Pondicherry for causing the death of Venkatesan alias Munisamy due to electrocution. By the Judgment dated 27. 03. 1998, learned Principal Sessions Judge convicted the Appellant / Accused under Sec. 304 (II) I. P. C and sentenced him to undergo Rigorous Imprisonment for a period of three years.

(2.) CASE of Prosecution could be stated thus:-The Deceased-Venkatesan @ Munisamy is the Brother of P. W. 1-Naagamani and Son of P. W. 2-Muniammal. On the night of 05. 08. 1996, the Deceased-Venkatesan, after taking dinner, left the house at 08. 00 p. m to sleep in the house opposite to his house, which is adjacent to the Temple. At 07. 30 p. m, P. W. 3-Venkatesan came to the Deceased and was talking to him. Then, both of them went towards West and attended to the call of nature. Then Deceased and P. W. 3 collected groundnut plants from the lands of Maniakkarar of Koodapakkan village. They were coming along the Nanja land of Devanathan where the paddy has been cultivated. On the bund, P. W. 3 saw the Stick, having been fixed and he crossed over the same. The Deceased-Venkatesan sat down and pulled out the Stick from the bund and had fallen down in the field due to Electric Shock; out of fear, P. W. 3 ran towards his house. He did not inform the occurrence to anyone and went to the work next morning.

(3.) ON 06. 08. 1996, P. Ws. 1 and 2 heard that the body of Venkatesan @ Munisamy was found lying in the field of Devanathan at Ulavaikkal. P. Ws. 1 and 2 rushed to the spot and saw the body of Venkatesan near the bund of the field adjacent to the Electric Post. P. W. 1 noted that the Fingers on the Right hand of the Deceased and backside of both his Thighs were burnt (scorched) due to Electrocution.