JUDGMENT :

Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to set aside the conviction order dated 23.11.2020 passed against the accused/appellant in S.C.No.316 of 2016 on the file of the Principal Sessions Judge at Thiruvallur and acquit the accused/appellant n the above case.

On 29.01.2015, at about 10.00 a.m., one Chinnathambi, S/o Sanjeevi, gave a complaint to the Sub Inspector of Police attached to Pothatturpet Police Station, informing that his father Sanjeevi an agriculture labourer and lessee of land situated at Pothatturpet owned by one Elumali went to the field on 28.01.2015 at 10.00 p.m from his house to watch the field, where the harvested paddy kept. While crossing the land of one Subramani Naidu, S/o Ramaiya Naidu, he was electrocuted. Since the said Subramani Naidu has put up electrical fence illegally to protect his groundnut field, unknowingly, his father, who crossed the field, died due to electrical shock. On the next day morning i.e. on 29.01.2015 at 06.30 a.m., the passerby noticed and informed him about his father death. Therefore, to take action against the said Subramani Naidu, a complaint was given and the same was registered in Crime No.26 of 2015 under Section 304 of IPC.

2. On obtaining a post-mortem certificate and recording the statements of the witnesses, the Inspector of Police, Thiruvalangadu, filed a charge sheet that:

“The Inspector of Police, Thiruvalangadu Police Station filed charge sheet against the accused namely, Subramani Naidu, S/o Ramaiya Naidu, by contending that the accused is owner of the land in Konasamuthiram Village and the deceased was cultivating tenant of the land of one Elumali. The accused without any proper permission from Electricity Board in his agricultural service connection No.355-007-527/5HP through binding wire erected fence in his land and made electric energy to pass through the wire on and before 28.01.2015 at the behest of avoiding animals from destroying his groundnut crop. The accused used the electricity for purpose other than for which usage of electricity was deemed to be authorised normally and hence, the accused is liable to be punished under Section 135(1) (e) of the Electricity Act, 2003. In the course of same transaction on 28.01.2015 at about 22.00 hours to 29.01.2015 and before 06.30 hours, the accused caused death of Sanjeevi, S/o Sriramareddy by putting up an electrical fence around his agricultural land of groundnut crops with the knowledge that his act was likely to cause the death of any person who came in to physical contact with the electrical fence put up by him and the said Sanjeevi died due to electrocution when he encountered the said fence while he passed through land of accused and thereby the accused committed the offence of culpable homicide not amount to murder and hence liable to be punishable under Section 304 of IPC.”

3. On taking cognizance of the report, the matter was made over to the Sessions Court, since the offence is exclusively triable by the Court of Sessions. On perusing the materials relied on by the prosecution, the Principal District and Sessions Court, Thriuvallur, framed charges under Section 304 of IPC and Section 135 (1) (e) of the Electricity Act, 2003 against the accused-Subramani Naidu.

4. To prove the charges, the prosecution has examined 10 witnesses and marked 10 exhibits and two material objects. On appreciation of the evidence, the trial Court held both the charges proved and sentenced the accused to undergo four years RI and to pay a fine of Rs.5,000/- in default of payment of fine, one year RI for the offence under Section 304 (ii) of IPC and sentenced him to undergo one year RI for the offence under Section 135(1)(e) of the Electricity Act, 2003. The term of sentence ordered to run concurrently and the period of sentence already undergone was ordered to be set off under Section 428 of Cr.P.C. The Legal Service Authority was recommended to pay necessary compensation to the dependence o