THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL APPEAL No.1468 OF 2005 Dated:03.11.2009 Between: State of Andhra Pradesh, rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .. Appellant And Nysalkanti Raja Allu and others .. Respondents JUDGMENT: The acquittal of the accused in C.C.No.903 of 1999 on the file of the Additional Judicial Magistrate of First Class, Nizamabad by the judgment, dated 08.07.2004 led the State to file the appeal through the learned Public Prosecutor. The factual background for the appeal is that Poshetty went to his fields to irrigate with water and he was proceeding through the land of Dr. Manohar Rao on 28.09.1999 in the early hours. An electric wire was installed around the fields by the accused and Poshetty suffered electric shock and died. G. Nagarao found the dead Poshetty and informed his brother Andhraiah, who gave a report to the police, who registered the same as Cr.No.100 of 1999. The Sub Inspector of Police inspected the scene, conducted an inquest over the dead body of the deceased, drew a rough sketch of the scene and recorded the statements of the witnesses. He sent the dead body for Post Mortem and also seized the electric wire from the scene, apart from sticks. Accused Nos.1 to 3 were arrested on 30.09.1999 and sent for judicial custody and they were prosecuted for the offences punishable under Section 304-A of the Indian Penal Code and Section 40 read with Section 46 of the Indian Electricity Act. Copies of documents were furnished to the accused on their appearance before the trial Court and they pleaded not guilty when they were examined under Section 251 Cr.P.C. PWs.1 to 6 were examined and Exs.P1 to P6 and M.Os.1 and 2 were marked during trial and the accused denied the incriminating circumstances appearing in the evidence against them, when they were examined under Section 313 Cr.P.C. No defence evidence was produced. The trial Court rendered the impugned judgment referring to the oral and documentary evidence on record and concluded that there was absolutely no evidence for the prosecution to prove the guilt of the accused for the alleged offences. Consequently, it acquitted them. The main grievance against the impugned judgment canvassed in the appeal is about overwhelming evidence of the prosecution being not appreciated in the proper perspective. It was contended that the negligence on the part of the accused leaving a live electric wire was clearly proved by the circumstantial evidence and the thing spoke for itself. Hence, it was desired that the acquittal of the accused should be reversed. Heard Sri K.Venkateswar Rao, learned counsel representing the learned Public Prosecutor, and Sri P.Giri Krishna, learned counsel for the accused. The point for consideration is whether the prosecution proved the guilt of the accused for the alleged offences beyond all reasonable doubt? POINT:- The brother of the deceased, who gave a report to the police was examined as PW.1 and he found the dead body of Poshetty on the live wires near the fields of Dr. Manohar Rao, on which, he gave Ex.P1 report. The wife of the deceased was examined as PW.2, who also found the body of her husband similarly. While, even PW.3 G. Nagarao, who informed PW.1 about the death of Poshetty, also found Poshetty lying dead due to electric shock on account of live wires allegedly placed by the accused. PW.4 also similarly saw the dead body of Poshetty near the fields of Dr. Manohar Rao, while PW.5 was the inquest mediator. The Sub Inspector of Police/Investigating Officer - PW.6 spoke about his investigation and thus there was no eye witness, as to the manner in which the deceased Poshetty was electrocuted by falling on the live electric wire. Dr. Manohar Rao, the owner of the fields, around which the live electric wire was found, was never questioned or examined about the installation of the live electric wire around his fields. The accused denied having anything to do with either the electric wire or the fields of Dr. Manohar Rao and none of the witnesses positively stated about the accused installing the live electric wire around the fields of Dr. Manohar Rao or around their own fields anywhere in the vicinity. Though Ex.P1 report stated that accused Nos.1 to 3 were the cultivating tenants of Dr. Manohar Rao, who installed the live electric wire to prevent cattle and pigs from entering the fields, there was no reference to such aspect during the evidence before the Court, and there is no oral or documentary evidence to show to whom the scene of offence belongs. It was only the claim of PW.3 about finding the accused near the fields of Dr. Manohar Rao and their alleged statements to him that were attempted to be shown as the link between the accused and the incident. Though PW.5 stated that some photographs were taken at the time of the inspection of the scene, PW.6 stated that he did not even prepare any observation mahazar for the scene. No neighbouring cultivators have been examined during investigation or trial. Even the cause of death was not attempted to be proved by examining the medical officer. The alleged confession of the first accused to the extent, it may be admissible as contained in Ex.P5, cannot be relied on in the absence of any reference to the same by PW.5 nor will it by itself be sufficient to reach any conclusion of guilt. In the absence of proof of the accused being the persons who erected the live wire around the fields of Dr. Manohar Rao, the accused could not have been found guilty of the alleged offences and, therefore, the trial Court giving the benefit of reasonable doubt to the accused cannot be considered to be unreasonable or unfounded. The prosecution cannot be considered to have proved the guilt of the accused for any of the alleged offences beyond all reasonable doubt under the circumstances and the impugned judgment cannot be interfered with. Accordingly, the Criminal Appeal is dismissed. ___________________ G. BHAVANI PRASAD, J 3rd November 2009 KH