A.N.JINDAL,J - (1.) ACCUSED -appellants Rattan Chand (since expired during the pendency of appeal) and Kimti Lal were tried for the offence under Section 304/34 IPC for causing death of Vijay Kumar son of Tilak Raj by spreading live electric wires in their field. Consequently, both were convicted under Section 304 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo RI for 2 months each.
(2.) THE story as unfolded by Kamlesh Kumar before ASI Deep Singh, P.S. Durangla is that on 29.8.1992 at about 7 a.m. after easing herself in the fields, when she returned to the house, she saw that her son Vijay Kumar aged about 13-14 years after leaving the school bag in the house and had gone outside. After waiting him for some time, she accompanied her husband Raj Kumar for searching him. While going to the fields of Rattan Chand, they sported Vijay Kumar lying dead in the fields due to the electric shock which he attracted from the live wires spread in the field of accused with the intention to kill the rats. On the aforementioned statement Ex. PE, FIR Ex. PD was recorded at Police Station Durangla. Investigation commenced and ASI Deep Singh went to the spot and prepared the inquest report. Dead body of Vijay Kumar was sent to the Hospital for post-mortem examination. Investigating Officer prepared rough site plan of the place of occurrence; electric wire was taken into possession vide recovery memo Ex. PF; statements of the witnesses under Section 161 Cr.P.C. were recorded. Subsequently, offence was converted from Section 304-A to 304 IPC and challan was presented against the accused in Court. Charge against the accused under Section 304 IPC was framed to which he pleaded not guilty and claimed trial. During investigation, prosecution examined as many as seven witnesses. PW-1 Dr. Rana Verma, who conducted the autopsy on the body of Vijay Kumar on 30.8.1992 and found three injuries on his body. He opined vide post-mortem report Ex. PA that Vijay Kumar died as a result of shock because of electric injury, which was sufficient to cause death in the ordinary course of nature. All the injuries were ante-mortem in nature. Probable duration between injuries and death was immediate and between death and post-mortem was 24 hours. PW-2 Kamlesh Kumari is the mother of the deceased, who lodged the FIR. She reiterated all the facts as set up by her in the FIR. PW-3 Kasturi Lal also corroborated the prosecution version and stated that there was an electric current in the fields of the accused and the dead body of Vijay Kumar was found electrocuted. The wires were connected with the pole and wooden stick was used to disconnect the wires from the pole. PW-4 Dharam Singh is the Ex-Sarpanch of the village. He identified the body at the time of inquest. PW-5 Prem Kumar proved the site plan Ex. PJ and copy of Jamabandi Ex. PH according to which Rattan Chand was a co-sharer in the land in question. PW-6 Daulat Ram proved the photographs of the place of occurrence Ex. P-1 to Ex. P-4 and negatives thereof Ex. P-5 to Ex. P-8. PW-7 Deep Singh ASI is the Investigating Officer in the case. He proved the investigation conducted by him from time to time.
(3.) WHEN examined under Section 313 Cr.P.C. the accused denied all the circumstances appearing against them. During evidence they pleaded their false implication. Both the accused further explained that they did not instal any electric motor in the field for irrigation purpose nor did he obtain electric connection for this purpose from the electricity department. In fact, the electric motor is in the fields of Ajit Singh. In defence, they examined DW-1 Rajinder Parshad, who deposed that no electric connection was running in the name of the accused in the area of village Ogra and Kahna.;