JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.

3. This Appeal is against an Order dated 29th March, 2000 by which an order framing charges under Sections 302 and 304 of I.P.C. has been quashed. By the impugned Order the prosecution is directed to be proceeded only under Section 304-A of I.P.C. and Section 39 of the Indian Electricity Act.

4. Briefly stated the facts are as follows:

2nd Respondent was possessing a field by the side of Shankar river, 2nd Respondent used to take water from the river to his field for irrigation purposes. 2nd Respondent did not have electric connection. It is claimed by the prosecution that he was taking illegal electric connection.

5. On 2nd May, 1999 a boy, named Santosh, who was aged about 11 years, died due to electric shock by coming in contact with the live wire through which 2nd Respondent was illegally taking electric connection. Some persons have given statements that the boy was swimming in the river and the wire accidentally broke and fell in the water resulting in the boy being electrocuted. On this basis, by the impugned Order prosecution is directed to be proceeded with only for offences under Section 304 I.P.C. and Section 39 o