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2008 Supreme(J&K) 374

MANSOOR AHMAD MIR
State Of J. &K. – Appellant
Versus
Mushtaq Ahmad Wani – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Beigh
Advocate For Respondent: M.A. Shah

1. By the medium of this Civil First Appeal, the appellants have questioned the judgment and decree dated 30.06.2006 passed by Principal District Judge, Budgam, in a suit titled Mushtaq Ahmad Wani & Ors. Vs. State and others, for setting aside the same on the grounds taken in the appeal.

Brief Facts of the Case:

2. A suit came to be filed on 15th of March, 1999 before the trial court for grant of compensation to the tune of Rs.15 lakhs on the ground that one Shaban Wani who was performing agricultural vocation on 2nd of July, 1986 died due to electrocution after getting in contact with gay wire fixed to electric pole. The installation of the pole and tying of the gaywire with the walnut tree was in violation of the provisions of Electricity Act. FIR was lodged and charge sheet came to be presented against the employees of the electric department.

3. Appellants defendants resisted the suit. Following issues came to be framed:

1. Whether on 02.07.1986 one Shaban Wani was attending agricultural vocations and was found dead in the field due to electrocution? OPP

2. Whether electric lines standing in the fields at village Doda Khatoo were not erected by the defendants according to the rules?


































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