SUPDT AND REMEMBRANCER OF LEGAL AFFAIRS GOVT OF WEST BENGAL Vs. CALCUTTA ELECTRIC SUPPLY CORPORATION LTD

JUDGEMENT

(1.) This is an appeal on behalf of the State from an order of acquittal of the accused in a prosecution under Section 50, Electricity Act. Following the electrocution of a boy of about 5 years of age on 23-5-1951 by contact with an electric wire attached to a wall of premises No. 174, Victoria Road, North Baranagore, there was an inspection of the installation by an Inspector on the 24th. As a result of this inspection it was found that the resistance of the earth wire from the service bracket to the earth was 8.3 ohms. It was further found that the insulation at the end of the wire entering the service bracket had been damaged and that the copper core was blistered by electrical earth. As a result of this the earth wire and the service bracket pipe were charged with electricity so that when the boy came in contact with the earth wire he got electrocuted. The fuse fixed near the distribution end of the service line which was of 22 S. W. G. standard copper wire was found intact and the inference of the Inspector from this was that because the resistance of the earth wire had been raised to 8.3 ohms more electricity flowed into the earth wire and the fuse was not melted as it should have if the resistance was 4.5 ohms. This is all that the prosecution proved.

(2.) On behalf of the defence apart from the statement by the accused under Section 342, Criminal P. C. two written statements were filed and as a part of one of these written statements an extract from a register showing an inspection on behalf of the Calcutta Electric Supply Corporation Ltd. on 11-4-1951 was filed. The defence of the accused thus was that they had not infringed any of the Rules and they had carried out inspection of the installation on 11-4-1951 and found nothing defective.

(3.) The learned trial Court found that although the installation was found to be defective on the date the inspector inspected if it could not be said that these defects were in any way due to carelessness or negligence on the part of the accused, first, because there was evidence of tampering with the earth wire and secondly, because there was a certain amount, of accumulation of water on the ground at the site of the accident which might have helped the earth wire being electrically charged.