JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court, Jaipur Bench altering conviction of the respondent from one punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) to Section 304A IPC. Two years rigorous imprisonment and a fine of Rs.5000/- with default stipulation was awarded.

2.Background facts in a nutshell are as follows :

“Shri Girdhari (PW-13) submitted a written report to S.H.0., P.S. Thoi, District Sikar, to the effect that in the intervening night of 13/14th March, 1997 his father Ram Kumar (hereinafter referred to as ‘deceased’) went to his field for irrigation. Accused Chhittar due to enmity had fixed naked live electricity wire near the fencing with the intention to kill Ram Kumar. When in the night Ram Kumar came in contact with electric wire he died due to electrocution. At about 3.15 A.M. complainants’ younger brother Murlidhar went to give tea to his father, and he also died due to electrocution. After some time uncle of complainant Sua Lal noticed the dead bodies of Ram Kumar and Murlidhar lying in the field, he raised alarm. Complainant and other neighbou