STATE OF JANDK Vs. MUSHTAQ AHMAD WANT

JUDGEMENT

(1.) BY the medium of this Civil First Appeal, the appellants have questioned the judgment and decree dated 30-6-2006 passed by Principal District Judge, budgam, in a suit titled Mushtaq Ahmad wani and Ors. v. State and others, for setting aside the same on the grounds taken in the appeal. Brief facts of the case :

(2.) A suit came to be filed on 15th of march, 1999 before the trial Court for grant of compensation to the tune of Rs. 15 lakhs on the ground that one Shaban Wani who was performing agricultural vocation on 2nd of July, 1986 died due to electrocution after getting in contact with gay wire fixed to electric pole. The installation of the pole and tying of the gaywire with the walnut tree was in violation of the provisions of Electricity act. FIR was lodged and charge sheet came to be presented against the employees of the electric department.

(3.) APPELLANTS defendants resisted the suit. Following issues came to be framed :