BENOY CHANDRA DEY ALIAS BEOY CH DEY Vs. STATE
LAWS(CAL)-1983-11-9
HIGH COURT OF CALCUTTA
Decided on November 15,1983

BENOY CHANDRA DEY ALIAS BEOY CH DEY Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) THIS Revisional application arises out of an appellate judgment and order of the 7th Additional Sessions Judge, Alipore dismissing the appeal of the present accused-petitioner and confirming his conviction u/s. 304a I. P. C. and a sentence of 1 year's R. I. and a fine of Rs. 500/-, in default, further R. I. for 6 months passed by the Judicial Magistrate, 5th Court, alipore.
(2.) THE Prosecution Case in short is that on 15. 2. 76 at about 9 a. m. one Ashim Kumar Das alias Buro, a boy of about 13 years of age, son of P. W. 6, of s. S. Dhawan Colony, Sodhpur, P. S. Behala, while passing in front of the house of the petitioner, also of the same colony, was electrocuted from the naked, live, galvanised electric wire taken from the house of one Gopal Chandra samanta outside the said colony to the house of the petitioner inside the colony. As a result Buro died instanteneccusly of the A. C. shock. It is the prosecution case that due to the criminal negligence on the part of the petitioner and the said Gopal to take precautions, this death of Buro occurred.
(3.) THE case first started as an U. D. case on 15. 2. 76 but later on 19. 5. 76 on a suo motu FIR by the police the present case was started against the petitioner and the said Gopal Samanta. At the trial both the accused were convicted and sentenced u/s. 304a I. P. C. but the petitioner who had been further charged u[s. 379 I. P. C. and Sec. 39 of the Electricity Act was acquitted of those charges. On appeal however Gopal Samanta was convicted of the charge u/s. 304a I. P. C. The prosecution examined 12 witnesses. The defence did not call any witness. The Defence Case of the petitioner in the suggestions in cross examination and the answers in 313 Cr. P. C. was a complete denial that there was any electric connection from Gopal's 'house to the petitioner's house at all.;


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