Case Note & Summary
The appellants, Vilas Hari Kulmethe and Laxman Kanhu Pendam, were convicted by the Additional Sessions Judge, Chandrapur, for offences under Section 304 read with Section 34 IPC (culpable homicide not amounting to murder), Section 201 read with Section 34 IPC (causing disappearance of evidence), and Sections 39 and 44 of the Indian Electricity Act, 1910. They were sentenced to various terms of imprisonment and fines. The prosecution case was that on 24 June 2001, the complainant Santosh Kodape (PW1) and the deceased Prakash Ade went into Janala forest to check bamboo stems they had stored. While walking, they came across an iron wire fixed around wooden pegs, through which electric current was passed by connecting it to an MSEB pole. The wire was laid near a salt lick, allegedly by the accused for poaching wild animals. The deceased accidentally touched the wire and died due to electrocution. The appellants were arrested and charged. The trial court convicted them based on circumstantial evidence. On appeal, the Bombay High Court examined the evidence and found that the prosecution failed to prove that the appellants had laid the wire or that they had knowledge that the wire would cause death. There was no direct evidence linking the appellants to the wire. The court noted that the wire was found in a forest area accessible to others, and the mere fact that the appellants were seen in the vicinity did not establish their guilt beyond reasonable doubt. The court also observed that the charge under Section 201 IPC could not stand without the main offence. Regarding the Electricity Act offences, there was no evidence of theft of energy or that the appellants had set up the wire. Consequently, the High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellants of all charges.
Headnote
A) Criminal Law - Culpable Homicide not amounting to Murder - Section 304 IPC - Acquittal - Prosecution failed to prove that the appellants had knowledge that the electric wire laid by them would cause death - The deceased accidentally came into contact with the wire while walking in the forest - No evidence that appellants intended to cause death or knew it was likely to cause death - Held that conviction under Section 304 IPC is not sustainable (Paras 1-10). B) Criminal Law - Causing Disappearance of Evidence - Section 201 IPC - Acquittal - Since the main offence under Section 304 IPC failed, the charge under Section 201 IPC also fails - No independent evidence of tampering with evidence - Held that conviction under Section 201 IPC is set aside (Paras 1-10). C) Electricity Law - Theft of Energy - Sections 39 and 44 of Indian Electricity Act, 1910 - Acquittal - No evidence that the appellants had set up the electric wire for poaching or that they had stolen electricity - The wire was found near a salt lick but no direct link to appellants - Held that conviction under these sections is also unsustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 304, 201 read with 34 IPC and Sections 39 and 44 of the Indian Electricity Act, 1910 is sustainable based on the evidence on record.
Final Decision
The appeal is allowed. The judgment and order dated 8th July, 2003 in Sessions Case No.98/2001 passed by the learned Additional Sessions Judge, Chandrapur, is set aside. The appellants are acquitted of all charges. Their bail bonds stand cancelled.
Law Points
- Culpable homicide not amounting to murder
- Section 304 IPC
- Section 201 IPC
- Indian Electricity Act 1910 Sections 39 and 44
- Common intention Section 34 IPC
- Acquittal for lack of evidence
