- (1.) As both these revisions have been preferred against the same order dated 31.1.2009, they have been heard together and are being disposed of by this common order.
(2.) Both the revisionists S.K. Verman alias Ajay Kumar Verman and Narendra Kumar Mishra are the Engineers in the Electricity Department at Sub Station Orai, district Jalaun who have preferred the above-said two criminal revisions against the order dated 31.1.2009 passed by Additional Sessions Judge/Fast Track Court-I, Jalaun at Orai in S.T. No. 41 of 2007 ( State Vs. Lalai) under Section 304 I.P.C. whereby both the revisionists, with the aid of Section 319 Cr.P.C. ,have been summoned to face trial alongwith the accused Lalai Ram.
(3.) Some background facts in brief are that an application under Section 156(3) Cr.P.C. was moved by the widow of one Akhilesh Kumar mentioning therein that her husband Akhilesh Kumar was working as an electrician in 33/11 KVA Electricity Department, Orai since 13 - 14 years. On 20.6.2005 under the orders of Engineer S.K. Verman, Lalai Ram came to her house and took her husband with him to do some repairing work of electric line. When her husband was doing the repairing work riding on the electric pole, suddenly the main power supply was switched on resulting in instantaneous death of her husband by electric shock.? It was alleged in that application that Lalai and both the revisionist in a planned manner had switched on the power line causing the fatal electrocution of her husband. She tried to lodge the F.I.R. several times but the police refused to register the case. When no action was taken by the police an application under Section 156(3) was moved by her. On that application an order to register and investigate the case was passed by the court concerned. The case was investigated and after investigation the police submitted charge-sheet only against accused Lalai. Both the engineers were found not responsible for the incident. The trial proceeded against Lalai Ram. During the trial widow of the deceased moved an application under Section 319 Cr.P.C. with prayer to summon both the engineers to be tried as accused alongwith accused Lalai. That application was allowed by the learned trial judge by the impugned order dated 31.1.2009. Aggrieved by the aforesaid order, the revisionists have preferred these revisions.;