For liability under IPC Section 304A, a direct and proximate cause must exist between the accused's acts and the resulting death, establishing negligence.

ORDER

This is a Criminal Miscellaneous Case filed under Section

482 of the Cr.P.C., by the accused in C.C. No. 1129 of 2020 pending before the Judicial First Class Magistrate Court, Thalassery. That case was taken on file on a final report laid by the Sub Inspector, Chokli police station in Crime No. 734 of 2019 of that police station. The crime was registered on 23.12.2019 under Section 304A of the IPC . Early that day, between 5.15 and 6 a.m., deceased Satheesan, relative of the defacto complainant was travelling on his motor cycle bearing registration No. KL-58B- 1326, from his house to the place by name Kallummathode in connection with his avocation. On the way, his head happened to hit against a coconut tree which had fallen across the road in the night, he sustained grievous injuries and died on the spot. Thus the crime was registered showing Kerala State Electricity Board Limited as the accused persons, alleging offence under of the . After conclusion of investigation, charge sheet has been laid before the Judicial First Class Magistrate, Thalassery alleging offence punishable under of the against the petitioners who are evidently a lineman in the Kerala State Electricity Board Limited and also an electricity worker respectively. It is alleged that on 23.12.2019 early hours, the incident had happened on the Kannamvalli-Elangode public road. That day a coconut tree had fallen across the public road causing damage to the overhead electric line and electric posts; matter was duly intimated to the Electricity Board authorities by CW2 over phone and then the petitioners had reached there; allegation is that, instead of cutting and removing the coconut tree or placing any danger signal at the place or intimating the matter to Fire and Rescue authorities or police, they acted negligently and left the place for the purpose of switching off the power supply. Later they reached there, but without removing the coconut tree, the power line and the electric post alone were removed from the place. Resultantly the said Satheesan who happened to come through the road on his motor cycle hit his head against the coconut tree and sustained grievous injuries and died on the spot. Thus alleging negligence on the part of the petitioners, offence under Section

304A of the IPC is attributed against them.

2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.

3. According to the learned counsel there is absolutely no negligence on the part of the petitioners. There is no duty cast upon them to do anything at the early hours, immediately on getting information about the fall of the coconut tree and causing damage to the electric installations, they had rushed to the place and switched off the power supply and also removed electricity cables and also electric posts. Neighbours also had gathered there and had taken steps for intimating the police and the Fire and Rescue authorities. There were similar other incidents happened in the neighbourhood which they had to attend and thus they could not remain there for long. According to the counsel, absolutely there is no nexus between the incident and the alleged negligence of the petitioners. The allegations are far-fetched and therefore such a prosecution cannot sustain. The learned counsel for the petitioners also added that the police laid such a final report at the instigation of the relatives of Satheesan without good faith in their bid to collect or realize huge amounts as damages from the Electricity Board for which reliance has been placed on Annexure-C lawyer notice issued by their counsel.

4. From the prosecution records, that is Annexures A and B, it is quite patent that a coconut tree stood on the side of the public road had uprooted and fallen over the electric installations, over the electric line, a 11 KV line and electric posts. Petitioners who were on duty, on getting information about the incident rushed to the place, took stock of the