C.R. Kumaraswamy, J. - This criminal appeal is filed under Section 374[2] of Criminal Procedure Code by the Advocate for the appellant praying that this Hon'ble Court may be pleased to set aside the judgment and order of conviction and sentence dated 7-12-2009 in Spl. Case No.114 of 2004 passed by the I Additional Sessions and Special Judge, Mysuru, convicting the appellant/accused No.1 for the offence punishable under Section 304 of Indian Penal Code and also under Section 135[1] of the Indian Electricity Act, 1910 and appellant/accused No.1 is sentenced to undergo rigorous imprisonment for three years with fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under Section 304 of IPC and further the Accused No. 1 is sentenced to undergo rigorous imprisonment for six months with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for one month for the offence punishable under Section 135[1] of the Indian Electricity Act, 1910, the period of substantive sentence of imprisonment awarded to Accused No.1 run concurrently.

2. The contents of the FIR i.e., Ex.P.10 disclose