JUDGMENT

In this appeal filed under Section 374 (2) Cr.P.C., the appellant who is the accused in S.C.No.68/2010 on the file of the Court of Session, Palakkad challenges the conviction entered and sentence passed against him for the offence punishable under Section 304 IPC .

2. The prosecution case is as follows:- the accused is the owner of building bearing no.X/1134, Edathumthody, Kavassery-II Village, Alathur Taluk, a motor shed, having electric connection with consumer no.6764, Electric Section, Padur. The accused knowing fully well that if any person entering his shed would be electrocuted, with a telephone wire took a connection from the control of the switch board installed inside the shed to one switch by looping and then connecting the telephone wire to a GI wire tied across the shed. The deceased Ramanathan, aged 41 years on entering the shed came into contact with the live wire resulting in getting electrocuted. The incident is alleged to have happened sometime between the morning of 17/07/2006 and 10:00 a.m. of 19/07/2006. Hence, the accused as per the final report was alleged to have committed the offence punishable under Section 304 IPC .

3. Based on Ext.P1 FIS of PW1,