Third Addl. Sessions Judge, Nagpur, S.J.Bharuka has acquitted the accused, Thagsen alias Thagu Vikram Gaikwad (40), who was tried for being instrumental in causing the death of agricultural labourer Suresh Bhaiyyalal Thakre due to touch of the ‘live’ wire of the fence around the field of Namdeo Padole in Hingna tehsil, which the accused used to cultivate, with the observation that considering the facts and circumstances of the case and the evidence adduced on record, prosecution has “miserably failed” to prove the charges levelled against the accused.
The trial court’s finding is that the prosecution could not prove its case that on August 4, 2014, between 7 and 7.15 pm, at village Nandira of Hingna tehsil, accused switched on electricity through the wire fencing around the field, which the deceased came into contact with and died on the spot due to electric shock. At that time he was going from the field in search of the cow of the accused. The accused had switched current for protecting the field from the animals.
The defence of the accused is one of total denial and false implication in the case.
The trial court has noted that the prosecution failed to examine any member of the Sawariya family-the owner of the field. It also did not examine any neighbouring agriculturist to show that accused used to cultivate the said field. Considering the material admission given in the cross-examination, it appears that I.O. prepared the inquiry report on the basis of surmises without conducting a proper inquiry. The panch witnesses have not supported the case of the prosecution. In view of this panchnama appears doubtful.
In view of admission by a prosecution witness, that nonelectric connection or pole was found in the field of Sawariya and there is no agricultural field of the accused, hence the defence of the accused seems probable. APP Pankaj Tapase conducted the prosecution. Advocates P.S. and Kishor P. Sadavartte defended the accused.