THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1395 OF 2010
JUDGMENT:
This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the I Additional Sessions Judge, Mahabubnagar, in Spl.C.C.No.31 of 2008, dated 10.11.2010, convicting the accused for the offence punishable under Sections 304-A and 338 of the Indian Penal Code and sentence of Rigorous Imprisonment for a period of 2 years and a fine of Rs.1,000/-.
2. Heard learned counsel for the appellant and learned Assistant Public Prosecutor appearing for the State and perused the record.
3. The case of the prosecution is that on 14.03.2008, the appellant had erected a J-wire around his groundnut crop situated in the limits of Gatla Khanapur village by supplying power directly from electric pole, without permission of the electricity department and without taking any precautions, endangering the human life. On the very same day, the deceased one N.Raju came into contact with the said electric live wire and got electrocuted and died.
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4. A complaint was filed before the police for which reason the case was investigated and police filed charge sheet for the offence under Section 304-II of the Indian Penal Code and Section 139 of the Electricity Act.
5. The learned Sessions Judge framed charges under Section 304-A and 304-II of the Indian Penal Code and 139 of the Electricity Act. However, the appellant was acquitted for the offence under Section 304-II of the Indian Penal Code and Section 139 of the Electricity Act. After the evidence of witnesses, an additional charge under Section 338 of the Indian Penal Code was also framed by the learned Sessions Judge. Having concluded the trial and considering the evidence on record, the learned Sessions found the appellant guilty under Sections 304-A and 338 of the Indian Penal Code..
6. The Police had conducted panchanama in the place where the dead body was found. It is not in dispute that the land belongs to the appellant herein and at the time of scene of offence panchanama it was found that a live wire was erected around his fields.
7. Nothing is elicited in the cross-examination of PWs.1, 3, 5, 6, to suggest that the appellant was not complicit of erecting a live 3 wire illegally. Though the said wire was erected around his land to protect the land from pests, such act of the appellant cannot be condoned. More so, in the background of the deceased come into contact with the live wire, precious human life had come to an end. Keeping in view that the accused had no intention to cause any harm to any person however, wanted to protect his field from pest, a live wire was erected in the night. The appellant is an agriculturist and there are no other criminal offences pending against him. Further the alleged incident happened 15 years ago. In view of the same, this Court deems it appropriate to reduce the sentence of imprisonment to the period already undergone under Section 304 A and 338 of Indian Penal Code.
8. Accordingly, the Criminal Appeal is partly allowed reducing the sentence of imprisonment to the period already undergone.
Miscellaneous applications pending, if any, shall stand closed.
________________ K.SURENDER, J Dt:20.10.2022 tk 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL NO. 1395 OF 2010 Dt. 20.10.2022 tk