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2023 Supreme(HP) 537

RAKESH KAINTHLA
Ganesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vijender Katoch, Advocate.
For the Respondent:Ms. Avni Kochhar, Deputy Advocate General, Mr. Shivanshu Attri, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petition for quashing of FIR No. 144/2021 dated 09.09.2021 registered at Police Station Indora, for the commission of offences punishable under Section 304 read with Section 34 of IPC and consequent proceedings arising therefrom.

2. As per the FIR, the informant, his friends Happy Singh, Sushil Kumar and Arjun Singh were travelling on the tractor. Happy Singh got down from the tractor and went to answer the call of nature. The informant and other persons waited for him on the tractor. They heard the cries of Happy Singh. They went to the spot and saw Happy Singh lying on his stomach. When the informant and Sushil Kumar tried to pick up Happy Singh, they suffered an electric shock. They checked the surroundings with the mobile and found that electric wires were installed. These wires were installed by Ganesh Kumar and Tilak Raj to save their crop from the wild animals. The act of the accused could have led to the death of any person and this act led to the death of Happy Singh. The police conducted the investigation and prepared a challan against the accused for the commission of offences punishable under Section 304

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