FALGUN KUMAR NOATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS appeal by the two accused is directed against the judgment dated 24 -07 -2008 passed by the learned Special Judge, South Tripura, Udaipur in Case No. Special 07 of 2007 whereby he convicted the accused of having committed offences punishable under Section 135 of the Electricity Act, 2003 and sentenced them to undergo rigorous imprisonment for 2(two) years and to pay fine of Rs.1,000/ - (rupees one thousand) each with regard to this offence and in default of payment of fine to undergo further rigorous imprisonment for a period of 6(six) months. The accused were also found guilty of having committed an offence punishable under Section 304A of the Indian Penal Code (IPC) and for this offence they were sentenced to undergo rigorous imprisonment for a period of 1(one) year and to pay a fine of Rs.500/ - (rupees five hundred) each and in default no sentence was imposed.

(2.) BRIEFLY stated, the prosecution case is that the two accused were stealing electricity by placing hooks on the Low Tension line (L.T. line) erected by the Tripura State Electricity Corporation (for short, Corporation). They had hooked the line with bare aluminium wire. On 15 -10 -2005, the said naked aluminium wire fell into the pond of Rabi Mohan Murasingh and electricity flowed through the pond. At that time, Nir alias Nil Kanta Murasingh, Bishu Rani Murasingh and Krishna Kumar Debbarma had gone to the pond to take a bath. Nir alias Nil Kanta Murasingh and Bishu Rani Murasingh were electrocuted as soon as they touched the water and Krishna Kumar Debbarma sustained grievous burn injuries because of electrocution. Thereafter, the live aluminium wire was removed from the pond. Two persons Nir alias Nil Kanta Murasingh and Bishu Rani Murasingh died on the spot and Krishna Kumar sustained serious injuries.

(3.) THE trial Court recorded evidence and after recording evidence came to the conclusion that the appellants had no valid electric connection in their houses but were using electricity by illegally putting hooks on the L.T. line of the Corporation and that due to their negligence, the accident in question had occurred. The trial Court, therefore, found the accused guilty and sentenced them as aforesaid. Hence, this appeal by the accused.