SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Shyamlal has been convicted under Sec. 304 (11) I. P. C. and sentenced to 3 years rigorous imprisonment and a fine of Rs. 1,000/- (rupees one thousand) by the learned Sessions Judge, Partapgarh (Camp Chittorgarh) by judgment dated 1. 3. 1979, he has appealed against it.

(2.) THE prosecution story may be briefly stated here: an electric connection was to be installed at the well of one Lakhma Dhakar of village Katuda. On 6. 2. 1978, Shri Bhanwar Lal Kalal, Asstt. Engineer alongwith Shri Sobhag Mal, Junior Engineer and Shri Jamnashankar Mistri alongwith Ramkaran Driver reached the spot at about 3 or 4 P. M. As they were expected to reach there, Lakhma alongwith Govindsingh helper were waiting for them at Kooka's Hotel. When Shri Kalal & Party reached the spot and Lakhma and Govindsingh were sent for through Shri Jamnashankar, Govindsingh then removed the fuses from the transformer and placed them on a shed behind Kooka's Hotel. It is also alleged that while proceeding to Lakhma's well Govindsingh and Lakhma had gone to the flour mill where the accused Shyamlal was a employee and told him that the fuses had been removed in order to install the electric connection at Lakhma's well and that the fuses may not be placed back in the transformer till Govindsingh told him to do so. THE case of the prosecution further is that thereafter Govindsingh climbed the Electric Pole in order to connect the supply and while he was doing his job there, he received electric shock and fell down and later died. Shri Kalal then came to Kooka's Hotel and enquired as to who had placed the fuses in the transformer. He was informed by Kooka that it may be Shyamlal who had placed the fuses in the transformer. THEn he enquired from Shyamlal and he admitted that he had placed the fuses in the transformer and further told that he had heard Govindsingh telling him that the fuses may be placed back in the transformer and it was on that account that he did so. THE injured Govindsingh was carried to Begun Hospital where during the process of resuscitation he collapsed and died at 5. 22 P. M. , His Post Mortem examination was carried out by Shri S. S. Dass and he found that he had died on account of syncope due to traumatic and electrical shocks. It may be mentioned here that Shri Mahesh Kumar. Junior Engineer. R. S. E. B. , Begun then filed a written report about the death of Govindsingh at Police Station Begun at 5. 30 P. M. on which the police started enquiry under Section 174 Cr. P. C. and as a result there of a First Information Report was lodged by Shri Ghanshyamlal, S. H. O. at police Station Begun on 9. 2. 78. and a case u/sec. 304 (11) I. P. C. was register-ed against Shyamlal. After due investigations a challan was put up against him and he was committed to the Court of learned Sessions Judge, charge under section 304 (11) was framed against him to which he pleaded not guilty. He was thereupon tried and the prosecution examined 12 witnesses and produced certain documents. In his statement under section 313 Cr. P. C. the accused maintained his denial but did not produce any evidence in defence. THE learned Sessions Judge found him guilty and sentenced him as stated above.

(3.) I, therefore, partly allow this appeal. The conviction of the appellant Shyamlal u/sec. 307 (II) is set aside instead he is convicted u/sec. 304a and sentenced to imprisonment for a term he has already undergone. He is further sentenced to a fine of Rs. 1000/-, (rupees one thousand ). He is on bail and need not surrender and two months time is granted to him to pay up the fine, in default of payment of fine he will undergo three months simple imprisonment. .