STATE OF H.P. Vs. LILLA DATT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Sub -Divisional Judicial Magistrate, Karidaghat, in Case No. 86/2 of 1984 registered through First Information Report No. 32/84, decided on October 20, 1986, acquitting the accused of charge for offence under Section 304 -A of the Indian Penal Code.

(2.) THE prosecution case is that on August 15, 1984, Smt. Ganga Devi, Smt. Nirmala Devi, Smt. Krishna Devi and Smt. Dhauni Devi went to the paddy field at about 12.00 noon. When Smt. Ganga Devi got up, she touched live electric wire and got electrocuted. Smt. Nirmala Devi tried to save her mother and she also got electrocuted and Krishna Devi took out her plastic shoe, hit the wire, as a result of which both these ladies fell on the ground but they were dead by this time. Villagers came to the scene of occurrence. The matter was reported by Hira Pal at Police Station, Kandaghat. His statement (Ext. P.W. -l/A) formed the basis for the registration of the First Information Report in this case. In this report, it was stated that he found sign of burn near the night ear of his mother Ganga Devi and noticed right hand thumb and fingers of Nirmala Devi effected by the burns. According to Hira Pal, the tragedy had occurred due to the rash and negligent act of the Electricity Department. During the previous winter, the adjoining wooden pole through which the electric wires were passing, had broken. Lineman Lilla Datt had fixed the same pole after removing the damaged portion, as a result of which, the height of the pole from the ground had reduced. Lilla Datt had promised to replace this pole by new one soon but he did not do so, although, a period of eight months had passed. The matter had also been brought to the notice of J.E. Suresha Nand, in -charge of the area, but no action was taken. During the investigation, site plan (Ext. 14/A) was prepared. Measurements of the wires and their height from the ground were carried out. The pole was taken into possession and then kept in the 'Spurdari' of Chuhi Ram (Ext. PW -2/A and Ext. PW -3/B). Plastic shoe of Smt. Krishna Devi was also taken into possession (Ext. PW -2/B). It appeared that the height of one of the wires from the ground level at the site was 5' x 3" and that of others 5' x 11 . It The height of the damaged pole was 22 feet 8 inches out of which 3 feet 2 inches was inside the ground leaving 19 feet 6 inches over the ground.

(3.) THE accused pleaded not guilty and claimed to be tried. Accused Suresha Nand, Junior Engineer stated that he had taken the charge of Chail Section in June, 1984 and was not aware about the low -hanging electric wires. He had not been informed by anyone in this behalf. Accused Lilla Datt, line -man admitted that during the winter of 1983 -84, he was posted in this area, but denied that he fitted the damaged pole at the site. He was not aware of the same nor about the low -hanging wire. He was also not informed by anyone about this problem, though, he admits that as per rules height of the wires should be 15 feet from the ground level.