IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.246 of 2010 Between: The Public Prosecutor, High Court of A.P., Hyderabad. - - - Appellant AND Gundla Venkataiah and two others. - - - Accused/ Respondents The Court made the following: THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.246 of 2010 JUDGMENT This Appeal is directed by the State under Section 378(3) and (1) of Criminal Procedure Code, 1973 (‘Cr.P.C.’, for brevity) against the order of acquittal of the respondents/accused of the offence punishable under Section 304-A I.P.C. recorded by the Judicial First Class Magistrate, Nakrekal, dated 12-12-2003 in C.C. No.285 of 2002. 2) The brief facts that are necessary for disposal of the present Appeal may be stated as follows : On 17-04-2002 at about 08-00 p.m. PW.1 lodged a complaint stating that her husband was working as an helper in Andhra Pradesh State Electricity Board (‘For brevity A.P.S.E.B’) since 18 years and on that day, all the accused came to her house and took the deceased on the pretext of cutting trees and at about noon time they brought the dead body of her husband and told that he died of heart attack and that she found burn injuries on the body of the deceased. Basing on her complaint, the police registered a case originally under Section 174 of Cr.P.C. After examination of the witnesses the section of law was altered to 304-A of the I.P.C. and after completion of investigation, the police filed charge sheet. 3) When the accused were examined under Section 251 of Cr.P.C. for the offence punishable under Section 304-A I.P.C., they denied the same, pleaded not guilty and claimed to be tried. 4) To substantiate its case, the prosecution has examined P.W.s 1 to 9 and got marked Ex.P.1 to P.8. No evidence, either oral or documentary, was examined on behalf of the accused. 5) The trial Court, after considering the evidence on record, came to the conclusion that there is no negligence on the part of the accused and the deceased died because of electrocution and accordingly, acquitted the accused, aggrieved thereby the State presented this Appeal. 6) Heard the counsel representing the learned public prosecutor and perused the Judgment. 7) Now the point for determination is whether the prosecution proved its case against the accused of the offence punishable under Section 304-A I.P.C. beyond all reasonable doubt? 8) Negligence is a gross culpable neglect or failure to exercise such care and caution that may be required to be taken in the circumstances of the case. Except the fact that the deceased died as a result of electrocution in view of Ex.P4, Postmortem Certificate issued by PW.8-the doctor who conducted autopsy on the dead body of the deceased, there is no evidence to show that there is negligence on the part of the accused in causing the death of the deceased. PWs.6 and 7 who are said to be the eyewitnesses present at the time of death did not support the case of the prosecution. PW.1 who is the wife of the deceased and PW.2 who is the daughter of the deceased admittedly are not eyewitnesses to the incident, and they were present in the house when the dead body was brought by the accused. PWs. 3 and 4 are the daughters of the deceased who admittedly were not present at the time of incident. PW.5 came to know about the death of the deceased, PW.9 is the brother who also came to know about the death of the deceased and PW.10 is the Investigating Officer. Therefore, there is no legal evidence to show that the deceased died as a result of negligence on the part of the accused. Hence, there are no compelling and substantial reasons to interfere with the judgment under challenge. 9) In the result, the Criminal Appeal is devoid of merit and is accordingly, dismissed, confirming the judgment of acquittal dated 12-12-2003 made in C.C. No.285 of 2002 on the file of the Judicial First Class Magistrate, Nakrekal. __________________ JUSTICE K.C.BHANU January 20, 2010. DSH