BUDH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision has been filed by Budh Ram son of Rula Ram. He was sent for trial in case FIR No. 293 dated 28.9.1989 registered at Police Station Gharaunda under Sections 304-A, and 379 IPC and 39 of the Electricity Act, 2003.

(2.) The Court of Judicial Magistrate Ist Class, Karnal, found the petitioner guilty of offence under Section 304-A IPC and sentenced him to undergo rigorous imprisonment for one year. Aggrieved against the same, petitioner had filed an appeal. The same was also dismissed.

(3.) The FIR Ex.PW.5/B was registered on basis of statement Ex.PA made by Hem Raj. In the FIR, it was stated that the complainant was engaged in the agricultural work. He had taken four acres of land belonging to Ram Kishan on lease. The land of Budh Ram accused adjoin the land taken by the complainant on lease. Budh Ram had installed tube-well in his field but he had not built any kotha and had not obtained any electricity connection. Budh Ram used to commit theft of electricity directly from the electric pole. The complainant had restrained Budh Ram on a number of times and had also complained to Ram Lal, Sarpanch. Ram Lal had also gone to Budh Ram and had made him understand not to do the illegal act. It was also found that at number of places electric wires were cut. On 28.9.1989 at about 4.30 P.M., wife of the complainant had gone to the field. The complainant and his son Sher Singh were present in adjoining field. The wife of the complainant had touched the wires and she was electrocuted. She raised cries. With the help of lathi, the complainant had removed the wires and his wife died due to electric shock. A grievance was made by the complainant that his wife died due to rash and negligent act of petitioner Budh Ram, who indulged in the theft of electricity to energize his tube-well, by obtaining electricity connection directly from the electric pole. The above said FIR was investigated and report under Section 173 Cr.P.C. was submitted.