S S RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner/accused challenging the judgment of conviction and order of sentence passed by the learned Additional CJM at Holenarasipur in C.C.No.25/2006 dated 28.07.2007 whereunder, the petitioner/accused was convicted for the offence punishable under Section 304 (A) of IPC and imposed sentence of simple imprisonment for one year and he was also further directed to pay a compensation of Rs. 5,000/- to the family of the deceased. Against the said judgment of conviction and order of sentence, the present petitioner/accused preferred criminal appeal No.89/2007 before the Fast Track and Additional District and Session Judge, Holenarasipura. The learned Additional District Judge by order dated 18.01.2010 confirmed the order of the Court below.

(2.) I have heard Sri.K.V.Narasimhan, learned Senior counsel for the petitioner and learned HCGP for the respondent State.

(3.) The brief facts as per the case of the prosecution are that, on 28.07.2005 at about, 6.00 p.m., deceased Harish @ Shivu was grazing the cattle. When he went to pluck Guava fruit from the tree situated in the land of the petitioner/accused, he came in contact with live electric wire and he was electrocuted and died at the spot. It is further alleged in the complaint that petitioner/accused has illegally drawn the electric wire to his house from the pump house through Guava tree and as the wire was very old, electricity passed through the guava tree and thereby, due to the negligent act of the petitioner/accused, the alleged incident has taken place.