NALLAPAREDDY JANARDHANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is filed against the Judgment and sentence passed in Sessions Case No. 28 of 1992 on the file of the Sessions Judge, Chittoor. On a private complaint filed by the one Dandu Raja Reddy under section 302 IPC, the II Addl. Judicial First Class Magistrate. Madanapalle, took the case on file and subsequently Sessions Case No. 28 of 1992 was registered. The Inspector of Police, Madanapalle, filed charge sheet in Crime No. 59 of 1983 of B. Kothakota Police Station under section 304-A and 379 IPC and Section 39 of Electricity Act in C.C. No. 92 of 1984. These two cases arise on the same incident. The Calender Case is transferred to be tried along with Sessions Case No. 28/92, and after its transfer, it was registered as C.C. No. 1/92.

(2.) The case of the prosecution in C.C. No. 1 of 1992 is as follows : The accused is a resident of Gollapalle. Late Govinda Reddy is also resident of same village. On 4-12-1983 at about 9.30 a.m. Govinda Reddy went to Government Channel to take water. He came into contact with a live electric wire which was drawn around the sugar cane garden of the accused and he died. Thus, the accused acted rashly and negligently in drawing a live electric wire around their sugar cane garden and caused the death of Govinda Reddy. The accused also committed the theft of Electricity energy.

(3.) The facts in the private complaint are as follows : A-2 and A-3 are undivided sons of A-1 and A-4. A-5 is jointly cultivating the lands of the accused 1 to 4. A-1 is working as Deputy Tahsildar. There are Civil Disputes pending between the complainant Dandu Raja Reddy and the accused in O.S. No. 81/61 and 71/81, on the file of Sub Court, Madanapalle. Therefore, there is enmity between them. On 3-12-1982, the brother of the complainant Govinda Reddy went to his land which is under the ayacut of Lanjakunta tank. A-1 to A-4 are also having lands under the same tank. At that time, there were heated exchanges and A-2 and A-3 threatened Govinda Reddy by saying : On the night of 3-12-1983 A-1 to A-5 with common intention to kill Govinda Reddy and his family members at the instigation of A-1 and A-4. A-2 and A-3 drew electric wire and inserted the same in the bed of the channel. On 4-12-1993, at about 9.00 a.m., Govinda Reddy went to the land and put his leg on the electric wire placed in the channel. He received electric shock and died. On filing the private complaint a case was registered under section 304-A IPC instead of under Section 302 IPC. The police have not examined the witnesses and the complainant brought this fact to the notice of the higher officials by way of telegrams. Hence the case.