OM PRAKASH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to assail impugned judgment dated 13th of February 2015, passed by Addl. District and Sessions Judge No. 2 Bikaner (for short, 'learned appellate Court'), whereby learned appellate Court, while rejecting the appeal preferred by petitioner, affirmed verdict dated 5th of April 2014, rendered by Addl. Chief Judicial Magistrate No. 3, Bikaner.

(2.) Learned trial Court, vide judgment dated 5th of April 2014, convicted the accused-petitioner for offence under Sections 336, 337 and 304-A IPC and sentenced him to simple imprisonment of three months for offence under Section 336 IPC, simple imprisonment of three months and fine of Rs. 500, in default of payment of fine to undergo fifteen days' simple imprisonment under Section 337, and simple imprisonment for six months and fine of Rs. 2000, in default of payment of fine to undergo one month's simple imprisonment for offence under Section 304-A IPC. All the sentences were ordered to run concurrently.

(3.) The facts, in brief, are that on 22nd of September, 1998 complainant Ramkaran submitted a report at Police Station Naya-Sahar, Bikaner stating, inter-alia, therein that two ladies Toli and Kamla sustained electric shock at 8 PM on 17th of September 1998 and out of them Toli died. It was alleged that the incident so happened on account of the illegal electric connection taken by Bajranglal and his sons Omprakash and Gopal Ram. On the basis of report, a First Information Report was registered and investigation commenced. During investigation, the accused-petitioner was arrested. On filing charge-sheet, learned trial Court framed charge for offence under Sections 336, 337, 304A and Section 39 of the Electricity Act against the petitioner and on denial he was put on trial.