IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No. 736/1996 Date of decision: 23. 2. 2010 State of H.P. …..Appellant Versus Brij Lal and another ……Respondents Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . For the Appellant: Mr. J.S. Rana, Assistant Advocate General. For the respondent : Mr. M.A. Khan, Advocate, for respondent No. 1. Surinder Singh (Oral) Respondents were tried and acquitted by the learned trial Court for an offence punishable under Section 304-A Indian Penal Code, which has been assailed by the State in this appeal. Precisely, the case of the prosecution is that the Electricity Department was converting single phase into double phase in between villages Jalang and Kharyar, under the supervision 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - of respondent No. 1, who was the Junior Engineer. Respondent No. 2 was a Lineman, who was actually working on the line. On 13th August, 1992, at about 4.45 p.m. Smt. Kadsi Devi got electrocuted. When PW5 Devi Dutt, noticed her lying on the spot in contact with a live electric wire. He raised hue and cry. Some villagers gathered on the spot and informed Lineman Ratti Ram respondent No. 2. He disconnected the electric current from the two phase line. Thereafter, the Pradhan of the Gram Panchayat was also informed. He further informed the police. Police reached the spot. Dead body of Smt. Kadsi Devi was sent for autopsy to the Hospital and postmortem report was obtained by the Police, it confirmed the death by electrocution. Police prepared the site plan and also recorded the statements of the witnesses and presented the challan on its completion in the court against the respondents. Respondents abjured the guilt however, they claim trial and at the end - 3 - of the trial, they were acquitted on the ground that none of the respondents were responsible for causing death of Smt. Kadsi, as alleged. I have heard the learned counsel for the parties and have carefully gone through the evidence on record. PW2 Hari Dass is the husband of the deceased. He was not even present on the day of the alleged incident in his village. He was called after the said incident had taken place. PW3 Ram Dhan and PW5 Devi Dutt were not eye witnesses but they only saw the dead body of Kadsi Devi lying on the spot and two phase electric wire was touching her body. It was later disconnected by respondent No. 2 Lineman on having been informed by the villagers. The defense of the accused- respondents was that the work on the line was half way. Second phase was not having current and it was tied with the pole. There was a service line to the house of Shri Gulaba Ram from that pole and the two phase LT wire due to rubbing had become naked and slided down because of the gushing of the winds it touched the live - 4 - service wire, which was going to the house of Shri Gulaba Ram and electric current passed through it for that they cannot be held responsible as it was beyond their control. They had acted with due care and caution. In order to substantiate their plea, they also examined DW1 A.K. Keshyap, Technical Assistant from the office of Chief Electrical Inspector, Shimla to prove the inquiry report Ext. DA. In fact, after the said incident, a Departmental inquiry was also initiated in order to find out the cause of death of Smt. Kadsi Devi. Mr. Chopra, Assistant Electrical Officer was appointed as Inquiry Officer, he exonerated both the respondents for the alleged negligence. It is categorically stated in the report Ext. DA that Lineman did not pass through the electric current to two phase wire which touched Smt. Kadsi Devi but in fact, it got current on skidding from the pole from the service wire, which was going to the house of Shri Gulaba Ram. Thus, this fact has made the defense raised by the respondents consistent and probable. There - 5 - is nothing on record to show that what were the precautions required to be taken by the respondents which were ignored by them. It appears that what was possible for them to avert any accident, they did that in their wisdom. There appears to be no nexus between the alleged act of respondents with the death of Smt. Kadsi Devi. The findings of acquittal, recorded by the learned trial Court are borne out from the record. I do not find any perversity therein. As such the appeal sans merit and is accordingly dismissed. Send down the record. February 23, 2010 (Surinder Singh),J (cm)