BICHHE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Bichhe Ram appellant has come up in appeal against the order of Shri I.M. Malik, Additional Sessions Judge, Rohtak, dated 13th May, 1983. He was convicted and sentenced under section 304 Part I of the Indian Penal Code to three years rigorous imprisonment. The coaccused of the appellant, Sube Singh, was acquitted by the trial Judge who found that no case was made out against him.

(2.) In the month of June, 1982, the appellant was posted as Assistant Lineman at village Girawar. An electric pole of the main L.T. line was to be dismantled in order to carry out a job. Puran Chand Lineman and his party had switched off the L.T. line from pole mounting sub-station installed near the entrance of the village as a precautionary measure to guard against the switching on of the line. He had deputed Sube Singh (co-accused of the appellant) to sit near the substation and not to allow anybody to switch on the line till the work was over. The appellant who was in charge of the receipt of complaints regarding failure of electricity appeared on the scene accompanied by some residents of village Girawar and enquired from Sube Singh as to why the electricity was off. Sube Singh told him that some work was going on the line. In spite of the warning by Sube Singh the appellant switched on the line, as consequence of which the line was energied and Dharambir work-charged T-mate got electrocuted and died. On receipt of a telephonic message Shri S.S. Vohra, Executive Engineer, H.S.E.B, Suburban, Rohtak, reached the spot and after making due inquiry on the spot lodged a written report, Exhibit PE. On the hasis of the same formal first information report Exhibit PE/1 was registered at Police Station, Meham on 16th June, 1982, at 4.45 p.m. Assistant Sub-Inspector Chaman Lal P.W. 10 after holding inquest sent the dead body of Dharambir for post mortem examination. Autopsy on the dead body of Dharambir was conducted by Dr. S.S. Singla P.W. 1 on 17th June, 1982. Following is the result of his examination: 1. Minor abrasions on the left forearm and lower part of arm with charring of skin present just above the elbow on the posterior surface. 2. Charring of skin present on the anterior surface of left thigh (middle one-third).

(3.) A contusion reddish in colour 5 cm x 4 cm in size present on the back of the neck just below the hairline. On dissection, there was infiltration of blood in the soft tissue and there was fracture dislocation of cervical spine between C3 and C4 and there was laceration of spinal cord and nerve routes in the corresponding areas.