KISHUN MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 304-A of the Indian Penal Code and let of under Section 3 of the Probation of Offenders Act, and as such, he is ordered to be released on due admonition, but considering the loss of the family, it was ordered to pay Rs. One Lac as compensation to the heirs of the deceased under Section 5 of the Probation of Offenders Act. It is further ordered that the payment to the appellant ought to have been made within 30 days of the order of the trial Court i.e., from 8.8.2007. The trial Court further ordered that the said amount of Rs. One Lac will be paid with an interest on 9% per annum from the date of death of the deceased till the date of payment.

(2.) The prosecution case is that Manoj Tanti was working as "Centering Mistri" for the purpose of construction of a Government road. In the First Information Report, however, it has been stated that the work related to construction of a Shed. While doing work, it is alleged that Manoj Tanti had asked the appellant, who was the contractor for the work, whether the electric line was disconnected or not and after being assured by the appellant that it was disconnected it is said that he continued with the work. There was a wire running just two and half feet above, the place where the work was going on and it is said that Manoj Tanti got an electric shock because his neck got in contact with the electric wire.

(3.) On the basis of the information given by the father Mathura Tanti to the police regarding this occurrence at about 4.00 p.m. on 26.2.1995, investigation commenced in this case and several witnesses were examined. During the trial, all witnesses were declared hostile except the father and the mother of the deceased boy. The mother of the deceased was not present at the place of occurrence as stated by her in her evidence and she came only when she got information about her son's death. The sole witness to the said occurrence is the informant Mathura Tanti. who is the father of the deceased. According to Mathura Tanti there is no enmity between his son Manoj Tanti and the appellant. It is said that while working he specifically asked the appellant whether electric wire was disconnected or not and it is alleged that the appellant had said that the line was disconnected.