STATE OF KERALA Vs. ASHRAF

JUDGEMENT

(1.) This Appeal and Revision Petition are directed against the order of acquittal in Sessions Case No.50/86 on the file of the Court of Session (Addl. Assistant Sessions Judge) Thalassery Division; the appeal is by the State and the Revision Petition by PW 2 in the Sessions Case. Respondents three in number, stood trial for the offence under S.304 read with S.34 IPC. for having caused the death of 14 year old Mohammed at or about 4 p.m. on 24-1-1986 by their act of placing a live electric wire at an open place. Mohammed stepped on it and was electrocuted. They were also charged with having committed the offences under S.201 IPC and 43 of the Electricity Act, in the course of the same transaction.

(2.) Deceased Mohammed, the only son of PW 2, was working in a shop. His meagre income was the sole support for him and his young mother. On 24-1-1986, which was a holiday for the shop, deceased and PW 2 paid a visit to their relatives. Around 4 p.m. they went to the nearby river for washing clothes and bathing. While PW 2 was washing clothes, deceased stepped into the river. He suffered an electric shock, fell forward, suffered convulsions and fell backwards on the bank of the river. PW 2 cried out in anguish and that brought PWs. 1,3 Al and A2 to the scene. On seeing Mohammed lying supine, Al is alleged to have said that the unfortunate event was the result of his carelessness, in leaving a live wire in an open place. Second accused tried to remove the wire and then first accused warned him not to touch it. Second accused replied that he had disconnected power supply, Mohammed was then carried to the house of the accused, later to the Chakkarakallu Primary Health Centre, and then to the Kannur Government Hospital. By then, he had died.

(3.) The next morning, PW 1 made a report to the Kannur Police at 9.30 a.m. Ext. P1(a) First Information Report was registered and then transferred to the Kuthuparamba Police Station. PW 20 registered Ext. P13 FIR and proceeded with the investigation. Meanwhile, PW 9 - Assistant Engineer in the Electricity Department, had also made a report to the Kuthuparamba Police around 9 a.m. (he is not specific about the time). But, that related only to the offence under the Electricity Act. The dead body was sent for post mortem. PW 13 held an autopsy and issued Ext. P10 certificate. PW 13 stated that the cause of death was electric shock. PWs. 1 to 3 speak to the occurrence. The accused denied the charges against them, when questioned under S.313 of the Code. The court below acquitted all the accused of all the charges against them.