MANI GOUNDER Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants / accused challenging the Judgment of the Sessions Court, Tiruvannamalai, dated 31.01.2014 in S.C.No.93 of 2008 convicting and sentencing the appellants / accused 1 to 4 to undergo 10 years RI each and to pay a fine of Rs.2,000/- each, in default to undergo SI for 3 months for the offence under Section 304 (ii) IPC; to undergo 1 year RI each and to pay a fine of Rs.2,000/- each, in default to undergo 3 months SI for the offence under Section 138 of Indian Electricity Act and to pay a fine of Rs.3,000/- each in default to undergo 4 months SI for the offence under Section 139 of Indian Electricity Act.

(2.) The case of the prosecution is that the defacto complainant is having his land near the land of A1. A1 in his land cultivated the paddy crops and in order to prevent damages to the crop by rats, he along with A2 to A4 put an electric fence in his field around the paddy crops, knowing that the same will endanger the life of the human being, during night hours on 21.11.2006 through the pumpset service connection No.482 and at 5.45 a.m on 211.2006, when the defacto complainant went with his adopted son Ramesh and two cows to plough his land, Ramesh got in touch with the live fence wire and died on the spot. The accused clandestinely drew the electricity without any permission by interfering with the pumpset electric connection. On hearing the noise of Ramesh, P.W.1 the defacto complainant turned and saw his adopted son Ramesh was thrown away due to electric shock and died on the spot. He saw A1 to A4 in the pumpset room plugging out the fuse career. A1 to A4 also came and saw Ramesh dead and after placing the body at a distance attempted to go but since P.W.1 raised alarm and many persons from the village came, they placed the body in the original place and left.

(3.) P.W.1 went to the Kalambur Police station and gave the complaint. On receipt of the complaint, case was registered. P.W.4, VAO also came to the spot at 7 a.m itself. P.W.5, wireman, P.W.6, Engineer from the Electricity Department also came there. P.W.9, Inspector of Police after registering the case went to the scene of crime, prepared observation mahazar, Ex.P.2 in presence of P.W.4 and another witness. He also drew a rough sketch, Ex.P.7. He recovered the wooden sticks and kattu kambi, fuse career as M.O.1 to M.O.3 in the presence of the same witnesses. He conducted inquest in the presence of panchayatdars and prepared inquest report, Ex.P.8. He sent the body for postmortem. P.W.8 Doctor Rajeswari conducted autopsy. She found two black chared 3rd degree burn injuries over right leg and left leg above the ankle joint and opined that due to high voltage electric burns, the deceased would have died 8 to 12 hours prior to commencement of postmortem.