KAWADU TULSIRAMJI MARASKOLHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent rule is made returnable forthwith.

(2.) THE applicants were charge-sheeted by Police Station Arvi in Crime No. 160/1997 for alleged offence under section 304 r/w section 34 of the Indian Penal Code and sections 39 and 44 of the Electricity Act, 1910. The charge-sheet came to be filed on 20-10-1997. On 17-12-97 the accused preferred an application praying for grant of permission to argue on the point of committal of their case to the Court of Sessions. It was the contention of the present applicant that in the case no offence under section 304 I. P. C. was disclosed and at the most the offence could be one under section 304-A of the Indian Penal Code.

(3.) ON 3-1-1998 after hearing the applicant and A. P. P. and perusing the documents alongwith statements recorded by the police, the learned Judicial Magistrate, First Class, Arvi passed an order holding that the offence in question was exclusively triable by the Court of Sessions and thus, rejecting the application made by the applicant-accused. While passing this order, the J. M. F. C. , Arvi noted that the owner of the land (present applicant No. 11) had supplied electric energy to a naked wire fencing around his field for protection of his crop from wild life and thieves. That the husband of the complainant had come into contact with this live wire and died due to electric shock and this had resulted in the registration of offence against the accused.