NARAYAN VENKOBA SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is convicted of the offence punishable under section 379 of the Indian Penal Code (in short "ipc") read with section '39 of the Indian Electricity Act and section 304, Indian Penal Code, and is sentenced to suffer RI for one month and a fine of Rs. 250/-, in default RI for one month for offence punishable under section 379, Indian Penal Code read with section 39 of the Indian Electricity Act. The petitioner is also sentenced to suffer RI for three months and to pay a fine of Rs. 1000/-, in default, RI for one month, for commission of offence punishable under section 304-A, Indian Penal code by learned Judicial Magistrate, First Class, Kandhar vide his order dated 16th May, 1990 in SCC No. 160/1987.

(2.) The matter was carried in appeal. The learned 4th Additional Sessions judge, Nanded dismissed the appeal by order dated 22-7-1998 thereby confirming the order of conviction and sentence passed by the trial Court.

(3.) The facts in nutshell are that, petitioner was a Police Patil of village dolara. During the relevant period, electrical energy was to be supplied to the village and, for that purpose, work of laying lines was in progress. The installation was completed, only fixtures of the street light were not installed. As the work was not completed, electricity supply was not given to Gaothan area. There was a marriage of the daughter of petitioner on 26th May, 1986. The petitioner unauthorisedly obtained electricity supply from the pole near the flour mill by using aluminium wire, from the wires attached to poles near his house. In this manner, unauthorized connection was taken for his house. There is a hand-pump near the house of petitioner. On the morning of 27th May, 1986 at about 7 O'clock Baliram Balaji went to the nearby handpump, for water. While returning, he came in contact with the live earthing wire and was electrocuted. In response to the cries for help, villagers assembled at the scene of occurrence; some of them have removed the wire, by hitting wire through to which electricity current was taken from the pole near the flour mill, with stones. The boy was, then, taken to Police Station. PW 1- Arun Damkondwar was in-charge Sub-Engineer of the area. After he learnt of the incident, he reported the matter to the authorities and was directed to communicate information to the Police. On the basis of information received enquiries were conducted. Deadbody was sent for post-mortem. The Medical Officer Dr. Rathod (PW 8) found that there were no external or internal injuries. He preserved the viscera and had given an opinion that the death was caused on account of electrocution. This opinion is confirmed by subsequent C. A. report (Exh. 13) which shows that no poison was detected in the viscera. After completion of enquiry, complaint was filed against the petitioner by ASI Devidas Kulkarni (PW 7) ; on the basis of which, offence punishable under section 304-A, Indian Penal Code came to be registered against the petitioner and charge-sheet was submitted.