Digitally signed by AKHILESH AKHILESH BEOHAR BEOHAR Date:

2025.03.28

16:41:35 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 497 of 2011 Order Reserved on 25.03.2025 Order Delivered on 28.03.2025 • Kamal Narayan, S/o Baisakhu Ram Sahu, aged about 30 years, R/o Village Bhainsatara, Tehsil Rajim, P.S. Rajim, Distt. Raipur C.G.

--- Applicant versus • State of Chhattisgarh, Through District Magistrate Raipur, District Raipur, C.G.

---Non-applicant CRR No. 532 of 2011 • Pappu @ Daneshwar, S/o Manharan Sahu Sukhidas, aged about 21 years, R/o Village Bhaisatara, Tehsil Rajim, District Raipur, C.G.

---Applicant Versus • State of Chhattisgarh, Through Station In-charge, Police Station Rajim, District Raipur, C.G.

--- Non-applicant CRR No. 566 of 2011 • Girdhari, S/o Jhudawan Sahu, aged about 39 years, R/o Village Bhainsatara, Tehsil Rajim, P.S. Rajim, District Raipur, C.G.

---Applicant Versus • State of Chhattisgarh, Through District Magistrate Raipur, District Raipur, C.G.

---Non-applicant

Hon'ble Shri Justice Radhakishan Agrawal

CAV Order

1. Since all the above captioned revisions arise of the same incident that took place on 14.01.2008, therefore, they are being heard together and disposed of by this common order.

2. The present applicants have preferred these criminal revisions under Section 397 read with Section 401 of Cr.P.C. against the order dated 19.08.2011 passed by the Additional Sessions Judge, Gariyaband, District Raipur, C.G., in Criminal Appeal No.48/2011, whereby the learned Appellate Court dismissed the appeal, while affirming the judgment dated 04.06.2011 passed in Criminal Case No.153/2008 by the Judicial Magistrate First Class, Rajim, C.G, convicting the applicants under Section 304-A read with 34 of Indian Penal Code (for short, 'IPC') and sentencing them to undergo rigorous imprisonment for one year and fine of Rs.300/-, in default thereof, to undergo additional rigorous imprisonment for three months.

3. Case of the prosecution, in brief, is that on 14.01.2008, complainant-

Netram Sahu lodged Dehati Nalishi (Ex.P-4) stating therein that one Kamal Sahu informed him over telephone that present applicants, from the field of Mahesh Sahu, pulled the electric wire from pole to the field of Girdhari Sahu and on account of such pulling, the electric wire touched the fencing installed in the field of Mahesh Sahu and on the fateful day, deceased- Naveen Yadav, while passing the field of Mahesh Sahu, came in contact with the fencing and died on account of electrocution. Based on the said report, FIR Ex.P-10 was registered against the present applicants. Thereafter, merg intimation (Ex.P-5) was recorded and inquest proceedings were conducted vide Ex.P-2 and dead body was sent for postmortem examination where Dr. A.K. Humne (PW-5) examined the dead body and gave his report Ex.P-8 opining that deceased died of electrocution.

4. During investigation, spot map was prepared vide Ex.P-6. From the spot, old electric wires were seized vide Ex.P-3 and the statements of the witnesses were recorded. Accused/applicants were taken into custody vide Exs.P-14 to P-16.

5. After completion of investigation, charge sheet has been filed against the present applicants before the Court of Judicial Magistrate First Class, Rajim, C.G. The accused persons / applicants abjured their guilt and prayed for trial.

6. After appreciation of oral and documentary evidence available on record, the Court of learned JMFC and the Appellate Court, convicted and sentenced the applicants as mentioned in the Para No. 1 of this order. Hence, these revisions.

7. Learned counsel for the applicants would submit that the Court of JMFC as well as Appellate Court, without properly appreciating the evidence available on record, were not justified in convicting and sentencing the applicants for the afor