The court held that mere conjecture is insufficient for establishing culpability; intent or knowledge must be proven to implicate the accused.

ORDER

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been filed seeking the quashment of FIR bearing Crime No. 63/2025, registered at Police Station Raun, District Bhind, for offences allegedly punishable under Sections 105 of the BNS and 3(2) of the SC/ST (Prevention of Atrocities) Act, insofar as they pertain to the present applicant.

2. In brief, case of the prosecution is that Head Constable No. 103 Surataram Indauriya, Police Station Raun, received Marg No. 07/25 under Section 194 of the BNSS for inquiry. During the course of investigation, the statements of deceased Narayan Singh’s father Atar Singh Jatav son of Dhan Singh Jatav and one Prem Singh Jatav son of Dhan Singh Jatav, were recorded. The CDR of the deceased’s mobile number 9691693579 was obtained, which revealed that during the time of the incident, there were continuous phone conversations between the deceased and Line Operator Nandu alias Anand Rajawat, as well as Line Man Sudhar Singh. As per the statements, Narayan Singh was taken by Satrudhan Singh to his house for connecting the electric line, despite knowing that Narayan Singh was not an employee of the Electricity Department and that if he climbed onto the DP (distribution pole), he could die if power was restored. Still, Narayan Singh was made to climb the DP to connect the wire. Further, Nandu alias Anand Rajawat, the line operator, was aware through mobile communication that Narayan Singh was climbing the DP to connect the wire, yet, without confirming the status or ensuring safety, and knowing that switching on the power line could result in Narayan Singh’s electrocution, he proceeded to energize the line. Consequently, Narayan Singh, who was on the DP, died due to electrocution. At the site, even after Line Man Sudhar Singh came to know that Narayan Singh was on the DP, he failed to stop Anand Rajawat from switching on the line. From the overall investigation, it was found that Line Operator Nandu alias Anand Rajawat, Satrughan Rajawat (resident of Manpura, U.P.), and Line Man Sudhar Singh knew that if the power line was turned on while Narayan Singh was working on the DP, his death was likely. Thus, the act of Line Operator Nandu alias Anand Rajawat, Satrughan Rajawat (resident of Manpura), and Line Man Sudhar Singh constitutes offences punishable under Section 105 of BNSS and Section 3(2)(v) of the SC/ST Act. Hence, upon receiving directions from the Station House Officer to register the case as per the investigation report, an FIR has been registered.

3. Learned counsel for the applicant submits that the impugned First Information Report (FIR) has been lodged against the applicant on the basis of incorrect, misconceived, and fabricated facts, and that the applicant has been falsely implicated in the alleged offence without any cogent evidence. It is submitted that the entire prosecution story, as narrated in the FIR, is a result of conjecture and surmise and has no foundation in truth or factual reality.

4. It is further submitted that, in actuality, the true facts of the matter are that the applicant’s paternal aunt resides in village Mehra, and the applicant had merely visited the said village to meet his relatives. The applicant is not a permanent resident of village Mehra, has no connection whatsoever with the alleged incident, and does not even know the deceased personally. The applicant is a permanent resident of village Manpura, District Jalaun, and his presence in village Mehra was purely on account of a family visit. Therefore, his implication in the present case is wholly basel