2001 (1) TMI 977

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.... I.P.C. has been quashed. By the impugned Order the prosecution is directed to be proceeded only under Section 304-A of I.P.C. and Section 39 of the Indian Electricity Act. Briefly stated the facts are as follows: 2nd Respondent was possessing a field by the side of Shankar river. 2nd Respondent used to take water from the river to his field for irrigation purposes. 2nd Respondent did not have ele....

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....he deceased Santosh to him and had given electric shock to the deceased on his chest and other parts of the body with the help of other accused. The story given by the two eye witnesses is that thereafter 2nd Respondent and other Accused have thrown the body into the river along with the live wire. It must be mentioned at this stage that 5 burn injuries have been found on the dead body. The Trial ....

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.... view, the High Court has committed a patent error. As noted by the High Court itself, at this stage, it was not open for the Court to weigh or assess the evidence. It was not possible for the Court, at this stage, to come to a conclusion that this evidence was absurd or inherently improbable. Prima facie at least the 5 burn injuries support the case that the boy was not just electrocuted by a liv....