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P. VELMURUGAN
Ellammal – Appellant
Versus
Inspector of Police Mailam Police Station – Respondent
What is the crime outcome for unlawfully wiring electric fencing under Tamil Nadu Electricity Act and related IPC sections? What is the appropriate classification and degree of culpability (Section 300(4) vs. Section 304(ii) IPC) for deaths caused by dangerous electric fencing? What is the status of license/permission requirements and evidence needed to convict for theft of electricity under Section 135(1)(a) of the Tamil Nadu Electricity Act?
Key Points: - (!) The Appellate Court re-appreciates evidence and convicts the accused for 135(1)(a) Tamil Nadu Electricity Act and 304(ii) IPC. (!) - (!) The judgment determines that using hooks to connect electricity to fencing without license constitutes theft of electricity and leads to culpable homicide not amounting to murder (Section 300(4) IPC) under Section 304(ii) IPC. (!) - (!) The trial court acquitted but appellate court finds guilt; post-mortem confirms death by electric shock due to fencing. (!) (!) - (!) Prosecution evidence includes PW-1 (wife), PW-5 (Village Administrative Officer), PW-6 (Village Assistant), PW-7 (Assistant Executive Engineer), and PW-8 (doctor); Exs P.7, P.8, P.11 support electric fencing cause. (!) (!) (!) (!) (!) - (!) The court directs hearing on sentence for the convicted accused. (!) - (!) No defense evidence; legal aid counsel argued on behalf of accused; court notes license/permission absent. (!) (!) (!) (!) - (!) The case originated as a landowner encroachment situation with illegal electric fencing around groundnut field. (!) (!) - (!) The accused are father and son (A1 and A2) who allegedly diverted electricity without permission. (!)
JUDGMENT :
P. VELMURUGAN, J.
Prayer: Criminal Appeal filed under Sections 372 of Criminal Procedure Code, praying to set aside the Judgment in Spl.Case No. 5 of 2018 passed by the learned Special Judge (Principal Sessions Judge) Villupuram Sessions Division, Villupuram dated 25.10.2019 and convict the respondents 2 & 3 respondents/accused by rendering exemplary punishment and also award victim compensation under Section 357(3) & 357(A) of Cr.P.C.
1. This Criminal Appeal has been filed seeking to set aside the Judgment in Spl.Case No. 5 of 2018 passed by the learned Special Judge (Principal Sessions Judge) Villupuram Sessions Division, Villupuram dated 25.10.2019 and convict the accused/respondents 2 & 3 herein by rendering exemplary punishment and also award victim compensation under Section 357(3) & 357(A) of Cr.P.C.
2. The respondent police registered the case in Crime No. 733 of 2017 initially against the 2nd respondent for offence punishable under Sections 379 and 304 IPC and during the course of investigation, the son of the 2nd respondent/3rd respondent herein was also arrested and the offences were altered into Section 304 IPC read with Section 135 (1) (a) of Electricity Act 200
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