SATYA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the Additional Sessions Judge No. 1, Alwar, dt. 19th Jan. 79, by which, he confirmed the conviction and the sentence of the petitioner, passed by the Judicial Magistrate No. 3, Alwar, u/s. 304A, IPC, vide his judgment dt. 21st July, 77. The petitioner was sentenced to 10 months' RI and a fine of Rs. 1,000/-; and in default of payment of fine, to further undergo 4 months' RI. It was also directed that an amount of Rs. 500/- be also paid to the widow of Sohanlal deceased out of the amount of fine which would be realised.

(2.) The facts of this case are that on 13th Aug. 75, a telephonic message was received at Police Station - Alwar, to the effect that deadbody of Sohanlal was brought to the hospital, who died due to touching of electric-current. Thereafter, Jagannath, brother of deceased Sohanlal also filed a written report, wherein he stated that deceased Sohanlal was working as a Mason with the petitioner who is a contractor, and that, during the construction work which was carried out by the petitioner, a portion of the building fell down, as a result of which 3 persons died. Sohanlal had witnessed that occurrence. He refused to oblige the contractor-petitioner, and he refused to make any statement in his favour. At this, Satyaprakash petitioner grew a grudge against him. On 13th Aug. 1975, in pursuance of a pre-arranged plan, Satyaprakash came to the house of Sohanlal; forcibly took him on his motorcycle to the factory; and committed his murder by passing electric-current through his body. On this report, the police investigated the matter and challaned the petitioner u/s. 304A, IPC.

(3.) The learned Magistrate, after completing the trial, found the petitioner guilty of the offence u/s. 304A, IPC and convicted him and sentenced him as mentioned above. Aggrieved by the said judgment of the learned Magistrate, the petitioner preferred an appeal against his conviction. The learned Additional Sessions Judge No. 1, Alwar, dismissed the said appeal of the petitioner and maintained his conviction and the sentence.