HEMRAJ JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall govern disposal of both the above appeals, as both the appeals arise out of the common judgment passed by the Trial Court.

(2.) APPELLANTS have filed these appeals against the judgment dated 9th December, 2002, passed by Additional Sessions Judge, Ashta District Sehore, in Sessions Trial No. 101/2000, convicting them under Section 304 of the Indian Penal Code.

(3.) IN short, the prosecution case is that on 18 -1 -2000 appellant Hemraj was working as Lineman and appellant Pannalal was working as Line Helper in the M.P. Electricity Board and were posted at Sub Station Siddikganj. At about 2.00 p.m. Pannalal informed Dhannalal Koshta, Junior Engineer that somebody was hanging on the 11 KV line of Jasmatghati. He was dead. Dhannalal went at the spot and found that it was Babulal of Village Dharampuri. He had died of electrocution. The report of the incident was lodged by Dhannalal Koshta at Police Station, Siddikganj. Police registered a Merg and proceeded for enquiry. Dead body of Babulal was sent for post -mortem examination Dr. R.C. Gupta, vide his report (Exh. P -9) opined that the deceased had died of electrocution. It was found in the enquiry that when Pannalal had gone to repair the line, he had taken Babulal with him on a Bajaj M -80 motorcycle and had asked him to climb over the D.P. While he was severing the jumper, he received shock and died. After enquiry, police registered of offence under Section 304 of the Indian Penal Code against accused Pannalal and after investigation filed charge -sheet against him in the Court. While recording evidence, Trial Court found that accused Hemraj Jain, Lineman, was also liable for commission of the offence. Therefore, in exercise powers under Section 319 of the Code of Criminal Procedure he was also made accused and put up for trial.