STATE OF JAMMU AND KASHMIR Vs. ZARINA BEGUM

JUDGEMENT

(1.) One Mohd Bashir was electrocuted on 2nd Aug. 96. He came in touch with a broken live electric wire, when he was proceeding towards the main road from his house in village Chokian (KotDhara). Negligence was attributed to the officials of the electric department and more particularly to one Slam Shah, Lineman in the Power Development Department. It was pleaded that the deceased was 30 years of age, and was earning Rs. 150 per day. The total income of the deceased was said to be Rs. 4500/- p.m.

(2.) The defendant-State filed its written statement. It denied negligence on the part of Slam Shah. It was pleaded that, as a matter of fact, it was defendant No. 4, Abdul Khaliq who used to commit the theft of electricity from the L. T. Line by using unsafe material. It was pleaded that the accident had taken place as a result of negligence on the part of defendant No. 4 Abdul Khaliq.

(3.) The issues which came to be framed are as under :