Delhi District Court
State vs Chander Shekher on 12 February, 2024
IN THE COURT OF SH. APOORV GUPTA, MM02,
CENTRAL DISTRICT, TIS HAZARI COURT, DELHI
STATE VS. CHANDER SHEKHAR
FIR No. 203 / 2011
POLICE STATION TIMAR PUR
U/S 304A IPC
Date of institution of the case : 01.04.2013
Date of judgment reserved : 29.11.2023
CNR : DLCT020015112013
Date of commission of offence : 16.09.2011
Name of the complainant : SI Ishwar Singh
Name and address of accused : CHANDER SHEKHAR
S/o Sh. Subhash,
R/o 105, Street No.1H, Chauhan Pur,
Karawal Nagar, Delhi - 110094.
Offence complained of : 304A IPC
Plea of the accused : Pleaded not guilty
Date of Judgment : 12.02.2024
Final order : ACQUITTAL
JUDGMENT
CASE OF THE PROSECUTION:
1. The prosecution story, in nutshell, is that on 16.09.2011 at about 09.30 AM at jhuggi no. 70, Indra Basti, Timarpur within the jurisdiction of Police Station Timarpur, one person namely Raj Kishore got electrocuted. On 02.09.2009 accused, STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 1 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:06:31 +0530 while replacing electricity meter bearing no. K. No. 31805037065 rashly or negligently failed to provide for earth terminal in the electricity meter at or near the point of commencement or supply of electricity by NDPL and failed to maintain the meter in safe condition as a result of which Raj Kishore succumbed to the injuries.
Thus, accused committed an offence punishable under Section 304A IPC.
COURT PROCEEDINGS :
2. Investigation was completed and police report u/s 173 Cr.P.C was filed for the commission of offences punishable under section 304A IPC. Cognizance was taken and accused was summoned. Provisions of Section 207 Cr.P.C. were complied with after appearance of the accused.
NOTICE U/S 251 Cr.P.C. :
3. After hearing arguments on point of service of notice, notice for the offence under Section 304A IPC was served upon the accused to which he pleaded not guilty and claimed trial.
EVIDENCE OF THE PROSECUTION :
4. In order to substantiate its case, the prosecution has examined twelve witnesses.
5. PW1 HC Pushpender has deposed that on 16.09.11at about 09:35 AM he received PCR call regarding electrocution of one person at Jhuggi No. 70, Indira Basti, Timar Pur and joined the investigation with the investigating officer. He took rukka to the police station for registration of FIR.
STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 2 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:06:39 +0530
6. PW2 Kanchan Devi is the wife of deceased Raj Kishore. On 16.09.2011 she along with her husband was present at their jhuggi. Due to heavy rain, rain water entered into the house and electricity meter fell down in the collected/flooded water in house. They started draining water outside the jhuggi. Her husband tried to remove the electricity meter from water to other place in the jhuggi. As her husband picked up the electricity meter from water, he got electrocuted. They raised alarm. Someone from neighbourhood called at 100 number. Her brotherinlaw with other public persons separated the electric wire by pulling the same from the meter. Her husband got shifted to the hospital and he expired due to the electrocution.
7. PW3 Arun Dass is the brother of deceased Raj Kishore and has deposed on the same lines as PW2. He testified that on 16.09.2011 he along his family was present at his jhuggi. Due to heavy rain, rain water entered into the house and electricity meter fell down in the collected/flooded water in house. His brother started draining water outside the jhuggi who tried to remove the electricity meter from water to other place in the jhuggi. As his brother picked up the electricity meter from water, he got electrocuted. They raised alarm. Someone from neighbourhood called at 100 number. He alongwith other public persons separated the electric wire by pulling the same from the meter. His brother got shifted to the hospital where he expired due to the electrocution. His statement Ex. PW3/A was recorded.
8. PW4 Dr. Abhishek Pachauri has deposed that on 16.09.2011 he conducted postmortem examination of deceased Raj Kishore. Initial postmortem examination is Ex. PW4/A and report of viscera examination is Ex. PW4/B. On the basis of viscera report, he gave final opinion on the report Ex. PW4/C. According to this report, no common poison could be detected in the blood of the deceased and the STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 3 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:06:46 +0530 viscera. The cause of death in this case is due to asphyxia consequent to electrocution.
9. PW5 Dr. P.C.Dass has deposed that on 16.09.2011, he examined Raj Kishore who was brought to the causality with alleged history of electrocution by the PCR. He examined the said patient. The patient was not responding to commands or stimuli and his respiration was nil, heart sounds were not audible. His pulse and blood pressure were not recordable. His pupils bilateral were dilated and fixed. His ECG was asystollisc (flat line). The patient was declared brought dead. He prepared MLC No. 6450/11 Ex. PW5/A.
10. PW6 ASI Yogesh Kumar has deposed that on 16.09.2011 at about 04:10 PM, he received rukka prepared on DD entry No. 21A dated 16.09.2011, on the basis of which FIR Ex. PW6/A was registered and made endorsement on the rukka Ex. PW6/B. Certificate u/s 65B of Indian Evidence Act is Ex. PW6/C.
11. PW7 Jogender Singh Lather has deposed that on the written request of the IO/ASI Devi Ram he visited the site i.e. Jhuggi No. 64/19, Indra Basti Jhuggi, Timarpur, on 05.03.2012 at about 03.00 04.00 PM. He inspected the electrical installation of aforesaid jhuggi. During the inspection, he noticed that the energy meter which was installed outside the jhuggi was not connected with earth wire. He further observed that inlet and outlet wires connected to meter were not sealed with a material to restrict the ingress of water and inspection report prepared on the basis of inspection conducted is Ex. PW7/A. On the basis of a request letter for clarification received from SHO PS Timarpur, he prepared supplementary report dated 25.02.2014 Ex. PW7/B. STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 4 / 12 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.02.12 12:06:52 +0530
12. PW8 Ram Ashish Das resides in the neighborhood of deceased Raj Kishore. He deposed that on 16.09.2011, due to heavy rain, rain water entered into the houses. Electricity meter fell down in the collected/flooded water and Raj Kishore tried to remove the electricity meter from water. Raj Kishore got electrocuted. Someone from neighbourhood called at 100 number. PCR van reached at the spot and injured got shifted to the hospital where he was declared brought dead. His statement Ex. PW8/A was recorded. After postmortem the dead body of the deceased was given to the deceased brother vide handing over memo Ex. PW8/B. The identification memo of the dead body is Ex. PW8/C.
13. PW9 SI Devi Ram has deposed that on 05.12.2011 further investigation of the present matter was marked to him. He sent viscera and blood sample of the deceased to the FSL and also conducted electrical inspection of the spot through J S Lakher who was Electrical Inspector in Labour Department, Delhi Govt. He collected the electrical inspection report Ex. PW7/A. He made enquiry regarding the person in whose name electricity meter was installed and it was found that the said meter was installed in the name of Nandu Dass, father of deceased. He got the details regarding the person who installed the said meter at the house of deceased and collected the documents pertaining to the installation of the meter from NDPL which is MarkX. He came to know that the said meter was installed under the supervision of accused. Notice u/s 160 Cr.P.C was served upon the accused. He was interrogated. After completion of formalities, he filed the chargesheet
14. PW10 Yashpal Singh has deposed that he has been authorized by Rajeev Jain, Head of Group (HOG), Connection Welcome Group department vide email dated 06.01.2023 Ex. PW10/A. He produced the photocopy of the bill of CA no. 60000773006 and meter testing report dated 01.09.2010 of K. No. 31805037065 STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 5 / 12 Digitally signed by APOORV APOORV GUPTA GUPTA Date: 2024.02.12 12:06:59 +0530 in which the said meter was installed in which the consumer name is Nandu Dass. He also produced certificate U/s 65B of the Indian Evidence Act for the meter testing report of CA no. 60000773006 and the same is signed by Rajeev Kumar Jain. He identified his signature on the document Ex. PW10/C. On 11.11.2022, regarding the non traceability of records of CA no. 60000773006 (K. No. 31805037065) in which the record of the said connection number was not traceable as it was very old record of more than 40 years. The status report of the same is Ex. PW10/B. Earlier the connection that was installed at H. No. 64/20, BlockN, Indira Basti, Timar Pur, Delhi 110054 was unmetered. In the year 2008, the connection was metered however, there is no physical document regarding the same.
15. PW11 Inspector Surya Prakash has deposed that on 05.09.2013 after re investigation was ordered the present file was marked to him. On 07.09.2013, he went to the AGM/HR NDPL, New Delhi and made inquiry with the officer namely Divya Gaurav Sharma in which he apprised that mail was only for communication between his senior and district officials. He requested to provide the reopinion on the report submitted by the TPDPL official and the same is Ex. PW11/A. He collected the copy of the report from Divya Gaurav Sharma Ex. PW7/B and same was seized vide seizure memo Ex. PW11/B. He fetched the appointment letter of the accused from AGM TPDDL and after receiving the same it was filed with the supplementary chargesheet. He received result from FSL regarding the viscera of the deceased namely Raj Kishore Dass on which examiner opined that "On chemical and TLC examination metallic poisons, ethyl and methyl alcohol, cyanide, phosphide, barbiburates, tranquilizers and pesticides could not be detected" and report is Ex.AD1.
STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 6 / 12
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.02.12
12:07:07 +0530
16. PW12 HC Ashwani produced register no.19 of year 2011 as per which SI Ishwar Singh deposited viscera with sample seal vide entry at S. No. 3328 Ex. PW12/A. ADMISSION/DENIAL OF DOCUMENTS :
17. Accused, in his statement under Section 294 Cr.P.C. did not dispute the genuineness and correctness of FSL examination report no. FSL.2012/C519 Ex. AD1, Accident Report dated 16.09.2011 Ex. AD2, Appointment Letter of accused dated 23.04.2009 Ex. AD3 and CDTS Trained Expert report of mobile crime team, north district Ex. AD4. In view thereof, evidence of witnesses namely Narain and Rajesh Tripathi was dispensed with.
STATEMENT / DEFENCE OF THE ACCUSED :
18. After conclusion of this evidence, the prosecution evidence was closed and the statement of the accused under Section 313 Cr.P.C. was recorded wherein he did not deny :
(I) On 05.03.2012 at about 03.00 - 04.00 PM PW7 Joginder Singh Lather inspected the electrical installation and noticed that energy meter installed at jhuggi was not connected with earth wire. It was also observed that inlet and outlet wires connected to the meter were not sealed with material to restrict ingress of water. Detailed report dated 07.05.2012 is Ex.PW7/A. Supplementary report dated 25.02.2014 is Ex.PW7/B. (II) On 05.12.2011 case file was marked to PW9 SI Devi Ram.
He sent viscera and blood sample of the deceased to FSL. He STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 7 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:07:14 +0530 conducted electrical inspection of the spot through PW7 J S Lather, Electrical Inspector, Labour Department. (III) Notice u/s 160 Cr.P.C was served upon him.
(IV) On 05.09.2013 case file was marked to PW11 Inspector Surya Prakash. He requested to provide reopinion on report submitted by TPDDL official Ex. PW11/A and collected the report from Divya Gaurav Sharma Ex. PW7/B. (V) PW11 Inspector Surya Prakash seized the report vide seizure memo Ex. PW11/B. (VI) PW11 Inspector Surya Prakash collected FSL Report Ex.AD1 and fetched his appointment letter Ex. AD3. (VII) He stated that he was appointed as Jr. Trainee Officer w.e.f 06.07.2009 with NDPL on probation for a period of one year and after one year he joined regular service in August, 2010. He had no role to play in installation of electrical meter at the place of occurrence. He claimed innocence. He preferred not to lead any evidence in his defence.
19. The respective submissions of Sh. Deepak, learned Assistant Public Prosecutor for the State and Sh. Rajpal Singh, learned counsel for the accused have been considered. The record has been thoroughly and carefully perused.
20. It is argued by the Ld. APP for the State that State has proved its case beyond reasonable doubt. Death of the deceased was caused due to the rash and negligent act of the accused. On the other hand, it is argued by Ld. Counsel for the accused that there are contradictions in the testimony of the prosecution witnesses. The accused is innocent and has been falsely implicated in this case.
STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 8 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:07:21 +0530 ANALYSIS AND FINDINGS :
21. Needless to mention, in criminal law, the burden of proof is on the prosecution to prove its case beyond reasonable doubt. The presumption of innocence of the accused has to be rebutted by the prosecution by adducing cogent evidence that points towards the guilt of the accused. It is for the prosecution to travel the entire distance from 'may have' to 'must have'. If the prosecution appears to be improbable or lacks credibility the benefit of doubt necessarily has to go to the accused persons.
22. PW2 Kanchan Devi is the wife of deceased Raj Kishore. According to her, on 16.09.2011 she along with her husband was present at their jhuggi. Due to heavy rain, rain water entered into the house and electricity meter fell down in the collected/flooded water in house. They started draining water outside the jhuggi. Her husband tried to remove the electricity meter from water to other place in the jhuggi. As her husband picked up the electricity meter from water, he got electrocuted. Her husband got shifted to the hospital where he expired due to the electrocution.
23. PW3 Arun Dass, brother of deceased Raj Kishore and PW8 Ram Ashish Das, neighbours of deceased have deposed on lines of PW2 Kanchan Devi.
24. PW4 Dr. Abhishek Pachauri, who conducted postmortem of deceased Raj Kishore opined that cause of death in this case is due to asphyxia consequent to electrocution.
25. PW5 Dr. P. C. Dass prepared MLC No. 6450/11 Ex. PW5/A and declared the patient "brought dead".
STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 9 / 12
APOORV Digitally signed by
APOORV GUPTA
GUPTA Date: 2024.02.12
12:07:27 +0530
26. Thus, from the above discussion it stands proved that the Raj Kishore died due to electrocution.
27. PW7 Jogender Singh Lather has deposed that on the written request of the IO/ASI Devi Ram he visited the site i.e. Jhuggi No. 64/19, Indra Basti Jhuggi, Timarpur, on 05.03.2012 at about 03.00 04.00 PM. He inspected the electrical installation of aforesaid jhuggi and prepared the following report Ex. PW7/A: "At the time of inspection on 05.03.2012, it was noticed that, in the said jhuggi one Energy meter found installed on the wall outside the said jhuggi in the street at a height of 6 feet from the ground level."
On the basis of a request letter for clarification received from SHO PS Timarpur, he prepared the following supplementary report dated 25.02.2014 Ex.PW7/B: "Since at the time of inspection neither the refrigerator was found installed at the premises of site nor produced for inspection by the police staff present at the site in 05.03.2012. Further Sh. Arun Dass, brother of deceased stated that while Sh. Raj Kishore Dass was picking up the energy meter from the electrically charged logger water, got electric shock and subsequently died."
28. Further as per accident report Ex. AD2 as per column no. 21 "it was noticed that the fridge of the consumer was immersed in water due to water logging in jhuggi which resulted in leakage of current and victim got electric shock and STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 10 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:07:35 +0530 caused fatal accident. Our system was totally safe condition up to the consumer meter".
29. Thus, it emerged from the ocular testimonies of the witnesses that on the fateful day, there was heavy rain due to which water was flooded in the jhuggi of the deceased. The electricity meter fell down in the flooded water in house. When the deceased tried to remove the electricity meter from water to other place, he got electrocuted and died.
30. As per the accident report Ex. AD2, fridge of the consumer was immersed in water due to water logging in jhuggi, which resulted in leakage of current and victim got electric shock. However, as per the supplementary report Ex. PW7/B given by PW7 Joginder Singh, at the time of inspection neither fridge was found installed in the premises nor the same was produced for inspection by the police. As such, different versions are forthcoming.
31. Even if it is taken that as per initial report of PW7 Joginder Singh Ex. PW7/A, "the energy meter was supplying electricity to the said jhuggi using a service cable through a MCB. No earth terminal was not found provided on or near to the point commencement of supply. The insulation tapping on the joints of the LT cables was not proper and it was making the live wires accessible to the public. The cables at the input and output were not found sealed with a material to restrict the ingress of water", the crucial question for consideration is whether accused was responsible for the same.
32. It has come in the statement of PW9 SI Devi Ram that from the documents he came to know that meter was installed under the supervision of STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 11 / 12 APOORV Digitally signed by APOORV GUPTA GUPTA Date: 2024.02.12 12:07:41 +0530 accused. According to him, he collected the documents pertaining to installation of meter from NDPL which is Mark X. Firstly, it may be mentioned that the documents are not duly proved as the same is only Mark X and have not been duly proved in accordance with law. According to him, accused was working as JE (Junior Engineer). However, it is the defence of accused that he was appointed as a Junior Trainee Officer w.e.f. 06.07.2009 with NDPL for a period of one year and thereafter joined regular service in August, 2010 with NDPL. He had no role to play in installation of electricity meter at the place of occurrence. PW11 Inspector Surya Prakash collected the appointment letter of accused from AGM, TPDDL, according to which, accused joined as Junior Trainee Officer. Even the document Mark X nowhere reflects that the electricity meter was installed under the supervision of accused or there was any negligence on his part.
33. That being so, a precious life has been lost, however, it is not established beyond reasonable doubt that it was due to negligence on the part of accused. That being so, he is entitled to benefit of doubt. Accordingly, he is acquitted of the offence alleged him.
Digitally signed by
APOORV APOORV GUPTA
ANNOUNCED IN OPEN COURT GUPTA Date: 2024.02.12
(Apoorv 12:07:48
Gupta) +0530
ON 12th FEBRUARY 2024 MM02, Central District
Tis Hazari Courts/12.02.2024
This judgment consists of 12 pages and each page of this judgment is digitally signed by me.
Digitally signed by
APOORV APOORV GUPTA
GUPTA Date: 2024.02.12
(Apoorv Gupta)
12:07:54 +0530
MM02, Central District
Tis Hazari Courts/12.02.2024
STATE VS. CHANDER SHEKHAR FIR NO. 203 / 2011 PS TIMARPUR PAGE NO. 12 / 12