[Criminal Appeal No.290 of 2015 arising out of SLP (CRL.) No.5609 of 2013]. This appeal has been preferred by the State of Madhya Pradesh against judgment and order dated 6th November, 2012 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Revision No.72 of 2007 reducing the sentence awarded to the respondent under Section 304A of the Indian Penal Code ("IPC") from RI for one year and under Section 337 IPC from RI for three months to RI for 10 days which was the period already undergone by him. On 22nd November, 1997, the deceased Sushila Bai wife of PW 4 Ram Charan along with her husband was returning from Village Ragho Garh to their home in village Kudhaidher. The respondent accused had drawn electricity wire from the pole upto his field which was not visible in the darkness. Ram Charan got trapped in the wire and became unconscious. The deceased Sushila Bai received electric shock in the process of removing the wire. On receiving the information PW 5 Mishrilal, brother of Sushila Bai and PW 1 Kallu reached the site of the incident along with PW 3 Goverdhan and PW 2 Somlal. It was found that Sushila Bai had died while Ram Charan was injured but alive. He was taken to the hospital. FIR was lodged. Post mortem was conducted on the dead body and after investigation, the respondent accused was sent up for trial under Section 304-A/337 IPC. The accused denied the allegations and alleged that he was falsely implicated.
↧