High Court Karnataka High Court

Ramachandrappa S/O Narayanappa … vs State Of Karnataka on 5 December, 2008

Karnataka High Court
Ramachandrappa S/O Narayanappa … vs State Of Karnataka on 5 December, 2008
Author: N.Ananda
: 1 :
{N THE I-§§GH COURT OF KARNATAKA

CIRCUIT BENCH AT 'DHARWAD

DATES THIS THE 05TH DAY OF DEcEM1©3E_fA"'- 4'  V
CRIMINAL APPg;;g_;{_No.S':?5'i2003»""'%A    "

BETWEEN:

Ramachandrappa .  , L . .,_
S/0. Narayanappa Mastafi:--ma--fiava:' "  
Age:::'S2 years  - 2  .  . '
Occ: Coolie

R/0. Sc,<Jx:a;z1.2:§g.§,h'  

Ta111k=*$31iI'8h&'-'ii1i     . _'

lf)istrict::._{3'r'z1'ciag,' '     _ ...Ap§e3}ant
{By Sri  ; Sbmaii ;Aéw§catc)

- -  .,Stsitt3 '0i:.';:arnataka  """ " 'V
 ~R_ep._V Vbjfviifix $.§atc_ Pubiic Prosecutor
' ._.I4§:a'g.'£1 €'o_u1t'0f=Ké_1;"natai{a

Hig':a_co'u:%z;»;':3u;:1c:iz1g
Banugalom. L'  ' ...Re:sponc1e11t

 (By s1Ti,,VI§;1~i.c;ot1<!;1ir1di, HCGP)

 "';'I'?a.is appeal is filed under section 374(2) Cr. 13.3.,

  Zagéiflst the judgmeni dateé 04.01.2008, passed by the

Presiding Oitficcr, §'ast Track Court, Gadag, in

"  '"':'5.C.No.113/2000, convicting the appefiant/accuseci for an

offence punishable under scction 304 Par*.:----Ii IPC 8:. etc.

This appcai coming on for fina} heaxing this tiny, the
Court delivereé the foiiowing:



JUDGMENT

The appellant (hereinafter refe I:rsd_ ‘to 2:15 ”éicé§i;;.s’é{:1’¢)’wa:;v’ ” ”
tried, convicted and sentenced foijaxi T:.*:§’r§€fl’

of the Fast Track Court at

2. It is the case % the year
1999, accusegi «’jé3.;joyment of land
bearing sm*§éj;:.”N;$L2’ifi1?9;:/ Sooranagi Village and
he in order to i3’I’otcct
maize }éa.fié, had erecteé poles around

the Said V’1za1:AlAti’~ barbed Wire. The accused had

fenced around the Iané to yrnttzct

‘ maize animals.

Q11 :20§i)8.19%, at abcmt 6 13.33., deceased Umesh

who had gefie to gaze a cow, accidentally came

écutact with electrocutcd wire. fenced around the laind sf

_ __é:cc1:sed. Deceased Umcsh Katsnahalli s’:1fi’ered burn injuxics

chm to electrocuticn and died as a resuit of injuries. The

btfithftf of deceased lodged a complaint with jurisdictional

N’

police, who afier investigation submitted c11garg:;:;si:i:.:};t~:c:t.T,’:-V;a:g;’;.1′;it1T$=V_’t “T

accused for aforesaid ofiénce.

3. The leazned sessions ;J:;§1gc’§a §’ held L.
time, accused was in posses;.;’Vi§;;%1.V”a1:1d of; land
bearing survey No.2{)9;’ 0f order ta
protect maize crops, around said
land and clectrofinggfrzd standing maize
cr0P fiom Judge has held that
accusegi” Iiéd ‘ ‘.C]Z}L.¢’:?4~;1’i.”‘V(‘V:ii’3V{:V)itI'{}C11’§3.(}I1 of wire fenced
around death of human beings

and in Contact with elcctrocuteci

V. t!;ere1iy” «tbs. vatxcuscd committed an offence of

{‘;1I’,1:p”€lbI€v. IiO:Iflg’i%§i€1’6 not amounting to murder, punishable

§§nr_i;e;<%'sex{:ti§5e:_; Part 11 Im.

4'.v.i__A}1avc heard Sri B.V.SomapuI, lfiarned Counsel for

£1_;€:V aégused and Sri P.H.C§oti<h1'ncIi, leamxzd HCGP fer State.

5. This is an agpeai against juzzigment of convictien.

A. This Court; While dealing with an appca}. against jud meat of

m “mc=~*~ -<1»fi~–'

8. It is not in dispute that land

140.209/23 of Sooranagi mongg¢% kk

Hozmappa. Though CW1′? was 2; xéitiésfi, ,_

before he could be czxamineé %¢swim$ bggsm ‘1:”A:3a”””:’ can;-t. * A

The brother of c§v17, .7-‘~¥faki1.9’ppa.’A faingappa
Mastammanavar was a _ However, PW :7

did not supyort the cast;-caf 1 .V 1’ ” ‘

9. ‘§’he3 v1r.{;f’1z’1i1{£%:iii’3V’–.sC’-;ca=i3.1:§;éi- ‘;-Lgcusea would submit in
the ab.-se:1c-s:_ : }§x;:i.*ie1:;;¢.’ ifi ref possession and
enjoymént “:;:.’111;vey No.209/ QB, situate at

Sooranagi Vilalagc bj;V Ath£e’«.:éiccuse{i, trial Court should not

_ havgégrxiircd at ‘ai”co1;1pA1usicn that accused had electrocuted

fz:flc%éd___amufld said Land and the accused was

death of Umesh Katenahalli.

}L€), 3~In order to appreciate this submission, it is

to staff: thai the case of grosectztion cannot be

merely because the aztrcused was not the ewncr of

‘ 13.13.91. The prosacution. has miied on the evidence of the

brother of decreased Umesh Katcuahalli and side § of thft
,5 ,
N’ cE-W”‘*

village to prove tha: accused was in posgéssicjfl =
enjoymcnt of said land and accusedchad u ‘
The accused to protect maize crop, :”3.ad::’crc’ctc1ci_féI§cc

said ma and electrocateé the b&bed .

1 1. PW15-Siddafifxgappeifl ‘ VVS313;é£tar, the
than Assistant Execzltivc VA Electricity
Board, who occurrence has
deposed; plf;-cc’v~:cf.-occuxxtnce and found
that ” A’ land bearing survey
No.20§;’.T.2″8.’_ PWT25 has denied the

suggcsti01ViL”*fi1ercxj;ra;s.v p’g’ncLu11di11g of gay win: fixed to an

‘ Q01; neaf”i:h€:…piace of occurxcncc.

V zfiiadical evidence and contents of post mortcm

reveal that Umesh, Katenahafli died due to

: clcctrcczifion. There is no confifivczsy mlafing to this aspect.

A 13. The: crucial poizzrt that would arise for

u determmafion is; « ‘Y\)

“Whether the accused had electrocuted
around land bearing survey No.2G9;’ 2B,. V

Village?”

14. In order to prove faet,V”~.p§§csec1it;ion has
examined as many as ‘wj_it11e«See_s§, as to PW19
and got marked E3X.P.I Seized Materiai

Objects as per:M.'{js:; .1 u

:5. Tbg; pi:*nV2%ect1 {:%cI2Vf$>§tneeees::§viz ?Ws.}., 2, 5, 9, 10 5.3
,'{1 hafe ‘c’A€:§1E£é§i€§te;:V1;’telj§r ‘«.Lé’¢::,g)c-set} that accused was in
possessieiagfixed bearing smvey 910.209/28

of Socgranagti 10 85 1 1 are the owners cf lands

” “adjaee;1t?i:e me hem; survey M209/23. PWs.1, 2, 9, 10

” at the relevant time, accused was

euifisgefing hearing survey No.209/2B on lease basis

accueeti had raised maize crop. PW1 has deposed that

” had erected fence around the said iané and

…_ elect1~ocnted the barbed wire by cormectisrxg the same to main

fIine by a book. These fats are also menéoned in the First

Information lodged by PW} at about 1 ~

imtervenitig night of20/21.08. 1999,

16. The learned Ceunse1.for eecesed
that prosecution has not pmdzieeei.doce1me§ataijr to ‘
prove that land beafij:,.g Sieuate at
Sooranagi Village was enjoyment of
accused for {lee not persuaded
to accept:– L’ H V

Mrfivwas Working as Village
Acceu1e’ta:,n§t<" of 1=*w:4 has {iepfised that

during theegear i99§,_ had cultivated land beam'ng

«_ suxfaey V No.20?'/"EBVV___Qn. lease basis. PW14 had submitted

1_ V 1:je1;*r0,Ift_a$' ';1c:~::: Ex_. P. 10.

" [V§'ifi;j':j1gV'T:=ei;oss~exam1I1' afion, PW14 has denied the

~V sug§e$fiefi"' {hat he had issued a false certificate as per

2:5."

17. PWs.1, 3, 5, 9 to 11 have deposed; the accused

euitivated lead beazing survey No.20′)/28 of Sooran agi

N 5.; ,.. g;v.i;….:

:9:

Village. CW1′? had ieased the said land to .
accused had raised maize crop in ” ‘

From cross-exan::i11at;ion of 3;; 2,:
they did not have any mofrjieee. tow’ “fedse1y * tide ;
accused. I-“Ws.1, 2, 5? 9 viliagers of
Sooranagi, had ditect Asaid land
by the accused. d ‘V

18. is the elder
brother of the complaint soon
after the complaint, it is narrated as to
how occdfimeneed has deposed; and bearing

§ef
Umesh Katenahalli due to e1ee£feeuti.gu bearing
survey 510.209/2B of has not been
CGnUDv€rted’ V »~ ; .

39.  é    iI'.*=:1,s given evidence
relating"     seizure of Material
objecg   Veim ahlminium wire, 16

neelagixeiefieks,’ along with wire, hoider as

etc. 31163:: zirticles were useé to eleetrocute the

“fe;eée. said They were seized fmm the place of

‘ — :3c2c:1r1*e::iee§

‘i;he Zeamed Counsel for the accused has

.. éenteneied that allegeé eye-Wimesses had not seen the

electrocufing the barbed Wire asrounci said land.

“”‘”IT’}:1ere:fc;I’e, their evidence is full ef surmises and

cozajunctures, which I am not persuadeé tea accept.

‘f\_;? – -‘x.,.£’\»\4£[.f>…:

: 11:

21. PWs.1, 2, 5, 9 to 11 had seen the
cultivafing land bearing survey No. 209/28. .
maize crop grown by the accusegd, _Thej,_–*’ ” ”
accused erecting poles around
<:0n:;.mitted by the accused a*£'T a«–..poiIzV1;.'0f2 tixneeV_V:J;;o:3 «see: 1
had anticipated the occuzrence::VV;r1ot{' 51' where
the accused had The acts
were committed a éfi;fi"e1ent poinysff
time. The 3. '11; is direct as we}! as

_. _f1'}:1c:V;<*-ctt–v 1$_et3. zecord to suggest that these
witnesses Vhdsfalsely implicate the accu-sad.

There' was ;1éc~., emility between these witnesses and the

":E1(:(5i1S.t3Ci.."L'eT1l€:I'C a1'e'Wizo reasons to disbelieve evidence of

-..PVW_esu, 1.2,». ‘é>«t;;7 _j .1 3..

A 22; Aaccused has examined DWS. 1 8:. 2 as defence

” ” -T L ‘ ~ . __ “‘»witne$$e”:_=s:;

V’ ” 23. DW1*Fakkirayya fizidramayya Hiremat}:1 has

Wdeposfidg that land in question haé not been fenced. There

was quamhrtl between Erappa Quxagada and the accused.

rue ¢.:1!5»xe-~£-<~~

Therefore, entire cast: is cooked up by the afQI'3_$aid
witnesses against the accused. V.

During croswexamination, DW} has V’
similar incident had taken place the &”

and DWI had taksa initiative     .'

Rs.80,800/=~.

24.  the  time,

said Iané was not fenced. the owner

of said the 381116. There was
some and one Erappa Durgada.

Th€f€f0I’C,V;’:iC§”J’§ivSE£1 $333 implicated.

crosné.4£-xa;;_:_;§I2.afi0n, DW2 has admitted that

had Sufi’:-zreé burn injuries to his hanés.

‘D\&i2,«h.é;is that he had not informed the occurrence

to pfiiicé, % ”

From the evidence cf DW2, f find that DW2 has

‘ féglseiy deposed that death of Umesh was due to grounding of

u gay Wire fixed to electric pole erected near the place of

N-c_,£’V*-?7W”‘3″L'”‘

:i3:

occurrence. The evidence of DWI 52; DW2 is

They have given false evidence sa-‘av’e”‘£he&

26. The learned Cozlnsei far es;ccuse§:%;’- V111: L.
evidence of PW15, would that Vevic’3§e11v’ce ?:::+f PW15
would suggest that deat’l§~of ‘due tov§rcA£v111cii11g of

gay ‘Wire fixed to elecaic pole occzxrrence.

27. :1; 4\i$i.€, f:    accused had
erected    iand and accused
had   _ 2-Vite. The deceased came in

Contact the Wire and died. The defence

thecrjg’ ‘vtigat ’13§ras’V’ respo:usibIe for the death of the

afterfliiiought. There is nothing on record to

esI::1V¢:2y1?u firm: the viiiage had infomled KEI3 that

there was of gay wire near the place of

V The learneci Counsel for the accused would submit

T “that occmrence was not reported to KEB.
We (:1 x..fi\–v~€£1.~-

:14:

This submission cannot be accepted in
evidence of PW15, who at the relevant time was _
Assistant Executive Engineer of I,aI<s1xmesh:sr'-;:;if::'.§$i:l§'HB: -«
Division. A. ' . V

29. The coraplainant,V»PS2_\fs.2g”;*
accused are from the same on
record to indicate that PW 9 to 11

haci motives to accused. The

defence. has ti:a.j.”;91»t«._vt’:I3Lti1’eV..vi’:Vl1agers were against the
accusefi arid -ggféie falsely implicated.

30. Gouskhan Tadakod, the then

Police Iu1:1cspec*£oV’r,” Vhae given evidence relating to investigation

._ sessions Judge or: pmper appreciation

of 5191 ‘edoeumentary evidence has held that at the

V’ _ reieS(an.t””t:sime the accused had raised maize crap in land

survey N0209/2B, situate at Sooranagi Village. He

..h.§d takec the saici iand on lease from CW17–Hcax1appa; the

V accused had erected poles and fixed aluminium wire. The

accused had connected the fenced Wire to electric main line

N C$\’,4L_,_,§./\../’\.»—«£’fL§K-*’,

rm

2 1:) :

by a hook and elecfiocuied the fence to protect ma§.;e c1″cp.
The deceased, who was grazing a cow,
contact with clectzocutcd wires and –
electrocution. AT b V A

On Ive-aypreciation of »eVider’i£:;eA, ‘–I_A. do and
reasons to difier with the View by

Judge. Therefore, I ho}ii~.__1;ha.¥:’ that

accused has eiectrocuted the the said

died dim 1:0

32.’ Theé would arise for cietermination
i.s:- .

VVV”.1}§ihetIA1ce’i’Wi’£vi1e ofience committed by the

V * ea{:c_iis:§e’::¥.eV:i:s–punishable under section 304 Part II

35; ‘i.c«:§a decision ieporied in AIR 1964 so 205 (in the

j “€32ZT,.f’¢§,* of Cherubin Gregory Vs. State of Bihar), the Supreme

has held:-»

“Penal Code (1860), S.3()4A «- Owner f.xi:s:1g
live naked electzic wire of high voltage across
passage to his latrine to dissuade trespassers ~–

No Warning that Wire was five one —- Trespasser

N .c:: 2 /*~«1?*vv~*’=1-*'”””

:16:

getting shock and some time after dying
Occupier is guilty of offence under S.3€)4A_..~..-_
become crime act need not be actionable –
Laying of trap, ifto:’t– Tort.” ‘V
In the case on hand, the accigvsed-.ha%1 ‘¢1¢d;§:ro¢:1:e;1_’

wire fenced around the _ a.

‘crop. In the circumstances, VV..eaa1;ot the lethat the
accused had knowledgei_’_i:3:1at dis. death. The

accused had acted in manner by

e1eet1t3{:iiifiifi£1geA…i;?1e jddteiiced the said iand. The
death {if deceasee’V’d’:was.. to rash and negligence act/C;
committed by the_’acc§1sed. Therefore, I hold the accused

V’ .Qfienee’ y,-=3-.—nishable under seetion 304A IPC.

_V from the judgment of trial Court, the

sentenced to pay a fiflfi of Rs.6(},{)00[ –. En

vieidtyf “feeding that oifence committed by the accused is

V. ,.:{1i1:}«i$h&f[)i€ under section 304A WC, I am of the opinion

E

_’ Sefitefice requires modification. Hi I :”‘/.,_,.»L_§’v’\*’*~’3{“*

:1’?:

34. In the result, I pass the followingz»
ORDER

The appeal is accepted in, ~f}flI’if 19, ‘
acqlxittezti of an offence punizmable
IPC. The accused is convictcctfcr c1″£’e_nceu’ L’
under section 3045 IPQ. ‘£’he W53 for a
period of fifteen days tfizerefore, sentence
undergone by thev.accuse£1″t§::he}ti_&a:1$ sentence. The
rash and accused resulted
in deatt: of xln circumstances, 1 deem it
proper :R§;50,000/~. Out of the same, a

sum pi’ be appropriated towards fine and

Rs.45,00G/- shad} be paid as

the widow of the deceased namely PW}?-

Rataawwa. _ LA A

seen {mm the records, that the accused has

a sum of Rs.60,()00/ – before trial Court. Out of the

hpvgégme, a sum of Rs.5,0{)(}/- 9113}! be appmpréated towards

fine and Rs.45,0{)0f- shall be paici as compensation to

PW12»Ratr::awwa and mmaining sum of Rs.10,0%/- shall be
f Lt’-

{“1

:18:

refunded to the accused The bail hondsif any ~

accused shall stand camclled.

SNN