SHAM SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Suram Chand, a temporary employee of the Power Development Department of the State Government was laying Electric Lines on the newly Erected Pole after switching off the Electric Current at the Transformer, on April 30, 2009 at village Achhar, when Abdul Majid, an employee of the same Department, who was not posted in that area, switched on the Electric Current, as a result whereof, Suram Chand was electrocuted. FIR No. 75 of 2009 was registered in this respect at Police Station, Banihal.

(2.) During the course of investigation of the case, it transpired that the deceased had given money to Abdul Majid to seek regularization in service, which, however, did not mature and the deceased had been demanding the money back from Abdul Majid, which he was avoiding.

(3.) According to the evidence collected during investigation of the case, Abdul Majid had switched on the Electric Current despite having been cautioned not to do that as Suram Chand was busy laying the electric lines on the Pole. Mr. Abdul Majid is alleged to have switched on the Electric Current to save himself from the liability of paying Rs. 40,000/- to the deceased which he had taken from him to facilitate his regularization in service. The Investigating Agency, ultimately, came to the conclusion that a case for commission of offence punishable under Section 304 Part-II RPC was proved against Abdul Majid.