Judgment

AYYANGAR, J. : This is an appeal by special leave against the judgment of the High Court of Patna dismissing an appeal by the appellant against his conviction and the sentence passed on him by the Sessions Judge, Champaran.

2. The appellant was charged with an offence under S. 304 A of the Indian Penal Code for causing the death of one Mst. Madilen by contact with an electrically charged naked copper wire which he had fixed up at the back of his house with a view to prevent the entry of intruders into his latrine. The deceased Madilen was an inmate of a house near that of the accused. The wall of the latrine of the house of the deceased had fallen down about a week prior to the day of the occurrence-July 16, 1959, with the result that her latrine had become exposed to public view. Consequently the deceased, among others, started using the latrine of the accursed. The accused resented this and made it clear to them that they did not have his permission to use it and protected against their coming there. The oral warnings, however, proved ineffective and it was for this reasons that on the facts, as found by the courts below, the accused wanted to make entry into his latrine d