IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
DILEEP – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of accused, charges, and background of the incident. (Para 1 , 2) |
| 2. prosecution's evidentiary burden and the court’s review of negligence. (Para 4 , 5 , 6) |
O R D E R
Accused Nos.1 and 2 in C.C No.192/2000 on the files of the Judicial First Class Magistrate Court, Ettumanoor, are the revision petitioners herein. They were convicted and sentenced by the learned Magistrate for the commission of offence under Sections 304A and 337 I.P.C. The allegation against them is that they, while working as Overseer and Lineman in Athirampuzha KSEB office, failed to properly maintain the electrical lines coming under their area, leading to the drop down of the low tension electrical lines which passed through the residential compound of PW1, and the electrocution of the mother and brother-in-law of PW1 at about 5:00 a.m on 14.04.2000.
2. After analysing the evidence adduced by the prosecution through the examination of PW1 to PW15, and the documents brought on record as Exts.P1 to P9, the learned Magistrate came to the conclusion that the negligence on the part of the petitioners resulted in the incident. Accordingly, the petitioners were convicted and sentenced under S
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