HC acquits 2 convicted in electrocution case in 2004 that resulted in man's death
Raipur: Citing lack of evidence, direct link and the deceased's own negligence, the Chhattisgarh High Court has acquitted two men convicted in an electrocution case.
The court overturned the lower court's verdict, which had sentenced the men to six months' rigorous imprisonment in the two decades old case.
"The prosecution has utterly failed to prove its case beyond reasonable doubt that the deceased died because of the act of the accused persons/applicants," the court said in its judgment.
"The death of the deceased was wholly of his own negligent act. The deceased was not trained in electrical work but skilled in mechanical tasks. Despite this, he climbed the electric pole to connect a wire, indicating his own negligence.
Being an adult and sensible person, he was expected to understand the risks involved in handling electricity. If he chose to proceed despite the dangers, he alone is responsible for the consequences," Justice Radhakishan Agrawal remarked in his order.
The case stemmed from an incident on May 4, 2004, where Shahjahan died after being electrocuted while connecting a thresher machine to an electric pole at Sitapur in Surguja district.
by Taboola
by Taboola
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The prosecution alleged that the accused, Shabbir Khan and Shamim Khan, had asked Shahjahan to connect the wire, assuring him the power was disconnected.
The trial court and the appellate court had convicted the men under Section 304-A of the Indian Penal Code (IPC), which deals with causing death by negligence. However, Justice Agrawal, in his order, noted that the prosecution failed to establish a direct link between the accused's actions and the deceased's death.
The court observed that key witnesses, including Mansoor Khan, the deceased's brother, admitted in their statements that they did not witness the incident. Mansoor also acknowledged that his brother was not an electrician but a mechanical worker. HC noted that the deceased was an adult and aware of the dangers of working with electricity.
The court also pointed out inconsistencies in the witnesses' statements, including the omission of Shamim Khan's name in the initial police report. The judge cited Supreme Court rulings, emphasising the need for a direct nexus between the accused's negligence and the victim's death. The high court allowed the criminal revision and acquitted Shabbir Khan and Shamim Khan. Their bail bonds will remain in effect for six months, as per legal procedure.
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