JOGESH CHANDRA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) I have heard Mr. A. K. Deb, learned Counsel for the petitioners and Mr. D. Sarkar, learned P. P. for the respondent.

(2.) By this criminal revision, the petitioners have assailed the impugned judgement and order dated 20-2-1996 passed by the learned Sessions Judge, South Tripura, Udaipur dismissing both the Criminal Appeal No. 8(1)/96 and Criminal Appeal No. 9(1)/96 by this common judgment affirming the conviction of the petitioners under Section 379/304-A, IPC read with Section 39 of the Indian Electricity Act, 1910, (for short hereinafter called as Act), held by the learned Judicial Magistrate, 1st Class, Udaipur, South Tripura in cases No. GR.389/91 by his judgment dated 27-12-95 sentencing the petitioner to suffer imprisonment for one month and to pay a fine of Rs. 2000/- only each in default to suffer imprisonment for another 15 days.

(3.) The prosecution case in brief is that one Naresh Chandra Das while went out to catch fish in a river at about 1.30 a.m. on 15-9-91, died due to electrocution on coming into contact with the unauthorised electric hook line drawn by the accused petitioners, along with four others. Having received mass representation from the villagers in this regard, the SDO (Electrical) lodged ejahar with the Kakraban police outpost on 19-9-91. The police, having registered a criminal case under Sections 304A/379, IPC, ensued investigation. On completion of the said investigation the police submitted charge-sheets under Sections aforesaid against the petitioners along with four others namely (1) Shri Thakur Chand Das, (2) Shri Kalimohan Das (3) Jadu Das and (4) Shri Priyalal Das. The accused Jadu Das being absconded, the trial commenced against the remaining five accused persons including the present petitioners. On completion of the trial, one accused namely Shri Priyalal Das got acquittal and the petitioners along with two others namely Thakur Chand Das and Kalimohan Das were convicted under Section 304-A/379, IPC read with Section 39 of the Act and sentenced them to suffer imprisonment for one month and a fine of Rs. 2000/- each, in default 15 days more imprisonment.