PYARELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 21.3.1997 passed by the IIIrd Additional Sessions Judge, Chhatarpur in ST. No.98/96 whereby the appellant was convicted for offence punishable under Section 304- A of I.P.C and sentenced for two years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, he was to undergo two month's rigorous imprisonment in addition.

(2.) PROSECUTION's case in short is that on 11.3.1996, the appellant took an illegal connection of the electricity to run his water motor affixed in his field situated near the Village Richara, Police Station Bhagwa, District Chhatarpur. At 12 o'clock in the noon one Harbal Singh was passing from that place and therefore, his foot touched with a live wire of that connection taken by the appellant and therefore, he died due to electrocution. Surat Singh (PW1) brother of the deceased Harbal Singh, had lodged an FIR Ex.P/4 before the Police Station Bhagwa and therefore, a case was registered. The dead body of the deceased Harbal Singh was sent for the post mortem. Dr. Agrawal (PW4) gave his post mortem report Ex.P/5. After performing the post mortem on the body of Harbal Singh, he found that the deceased died due to electrocution. After due investigation a charge sheet was filed before the JMFC Bijawar who, committed the case to the Sessions Court, Chhatarpur and ultimately it was transferred to the IIIrd Additional Sessions Judge.

(3.) LEARNED Additional Sessions Judge after considering the evidence adduced by the prosecution acquitted the appellant from the charges of offence punishable under Section 304 of I.P.C and section 379 of I.P.C read with Section 39 of the Electricity Act, 1910 but, convicted the appellant for the offence punishable under Section 304-A of the I.P.C.