Himachal Pradesh High Court
State Of H.P vs Piar Chand & Another on 17 November, 2016
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
Cr. Appeal No. 608 of 2008
Decided on : 17/11/2016
State of H.P. .....Appellant.
of
Versus
Piar Chand & another .....Respondents.
Coram
rt
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 Yes
For the Appellant: Mr. Vivek Singh Attri, Dy. A.G.
For the Respondents: Mr. K.S.Banyal, Sr. Advocate with
Mr. Vijender Katoch, Advocate.
_______________________________________________________
Sureshwar Thakur, Judge (Oral)
The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 11.06.2008 by the learned Chief Judicial Magistrate, Lahaul-Spiti at Keylong, Himachal Pradesh, in Criminal Case No16-r of 2003, 1 Whether reporters of the local papers may be allowed to see the judgment?
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whereby he acquitted the respondents (for short 'accused') for .
the offences charged.
2. The brief facts of the case are that in the year 2002 accused/respondents Ram Singh and Piar Chand were posted as of Linemen and Junior Engineers, respectively in H.P.S.E.B. Section at Koksar in District Lahaul and Spiti. It is alleged that both these rt accused/respondents were entrusted with a duty to maintain 33 KV Electricity Rohtang-Keylong Line. It is further alleged that on 6.5.2002 around 8.00 a.m. Kama Lama (complainant) was traveling in Taxi No. HP-02-8378 including other persons, namely Ses Ram, Ashwani Kumar, K.R. Chaudhary and deceased Dal Bahadur and Vijay Kumar. While the aforesaid vehicle reached near Doharani Bye-Pass on Rohtang-Keylong Highway, one line wire of 33 KV Electricity Rohtang-Keylong Line had fallen on the vehicle and as a result of the same the driver, namely Vijay Kumar and Nepali youth, namely, Dal Bahadur, who were passengers in the said vehicle, got electrocuted and died on the spot. This mishap has resulted due to rash and negligent act of both the accused/respondents herein, since they were entrusted ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...3...
with the maintenance of aforesaid electricity line and which they .
failed to maintain. It is further alleged that the death of Vijay Kumar and Dal Bahadur not amounting to culpable homicide was caused due to rash or negligent act of both the of accused/respondents. The matter was reported to the police and FIR was lodged at police Station, Keylong. During the course of rt investigation, the site plan of the place of occurrence, where both the deceased expired, was prepared. The Investigating Officer concerned took into possession broken burnt pieces of live wire and bag which was kept on the roof of the vehicle in question vide memo Ex. PD. The vehicle was impounded alongwith documents. Broken Electric parts, wall cleeves, I-Socket were also taken in possession by the police and sent to Forensic Science Laboratory, Bharari, Shimla. Postmortem examination of Vijay Kumar and Dal Bahadur was conducted. Inquest report of the cause of their death was prepared by the police. Photographs of the place of occurrence were taken. After completing all codal formalities and on conclusion of the investigation into the ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...4...
offence, allegedly committed by the accused challan was .
prepared and filed in the Court.
3. Notice of accusation stood put to the accused by the learned trial Court for theirs committing offences punishable of under Sections 336 and 304-A to which they pleaded not guilty and claimed trial.
4. rt In order to prove its case, the prosecution examined 14 witnesses. On closure of prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, were recorded in which they pleaded innocence and claimed false implication. They did not choose to lead any evidence in defence.
5. On an appraisal of the evidence on record, the learned trial Court returned findings of acquittal in favour of the accused.
6. The learned Deputy Advocate General has concertedly and vigorously contended qua the findings of acquittal recorded by the learned trial Court standing not based on a proper appreciation of evidence on record, rather, theirs standing sequelled by gross mis-appreciation by it of the relevant material ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...5...
on record. Hence, he contends qua the findings of acquittal .
being reversed by this Court in the exercise of its appellate jurisdiction and theirs being replaced by findings of conviction.
7. The learned counsel appearing for the respondents has of with considerable force and vigour contended qua the findings of acquittal recorded by the Court below standing based on a rt mature and balanced appreciation of evidence on record by the learned trial Court and theirs not necessitating any interference, rather theirs meriting vindication.
8. This Court with the able assistance of the learned counsel on either side has with studied care and incision, evaluated the entire evidence on record.
9. Vijay Kumar and Dal Bhadur, who at the relevant time stood borne on vehicle bearing No. HP-02-8378, suffered fatal electrocution on theirs coming in contact with high tension 33 KV line. The aforesaid had come to contact with high tension 33 KV lines given their concerting to remove it from the top of the aforesaid vehicle whereon it had fallen. Penal culpability for the aforesaid hence suffering demise would stand attracted vis.a.vis ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...6...
the accused respondents only when forthright potent evidence .
stood adduced before the learned trial Court wherefrom upsurgings occur qua despite their holding the enjoined responsibility to maintain it, theirs intentionally derelicting from of performing their enjoined duty. However, in case evidence surgesforth qua the falling of 33 KV line onto the relevant vehicle rt being abrupt besides its fall thereon occurring without the accused respondents derelicting from their enjoined duty, the charge qua which the accused respondents stood subjected to would stand concluded to not stand proven.
10. The prosecution while concerting to nurse the charge whereupon the accused respondents stood subjected to trial, depended upon the testimony of 14 witnesses.
Preponderantly the testimony of PW-7 unveils qua the falling of 33 KV line onto the relevant vehicle being abrupt. The aforesaid disclosure occurring in the testimony of PW-7, an occupant of the relevant vehicle inhibits this Court in underscoring an inference qua both the accused respondents despite theirs at the relevant time sighting the vehicle theirs omitting to take the relevant due ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...7...
care and caution while theirs purportedly proceeding to .
undertake the relevant maintenance work of 33 KV line.
Contrarily, the testification of PW-7 foments a firm conclusion qua the falling of 33 KV line onto the relevant vehicle being abrupt of also its fosters a derivative of both the accused respondents at the relevant time not holding its repair nor they at the relevant rt time standing positioned in close proximity to the relevant site of occurrence. Also the testimony of PW-7 obviously underscores qua thereupon this Court holding leverage to erect an inference of the accused respondents not derelicting in performing their enjoined duties in maintaining it. The testification of the relevant prosecution witness stands comprised in the deposition of PW-1 who in his deposition unveils qua the Ball Clive Eye Socket of the relevant tower wherefrom 33 KV line originated begetting a rupture. He in his cross-examination has accepted the suggestion put to him by the learned defence counsel while holding him to cross-examination qua the falling of the aforesaid line onto the relevant vehicle spurring from the aforesaid rupture occurring in the tower wherefrom the relevant 33 KV line ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...8...
originated not standing sequelled for lack of its proper .
maintenance by the accused/respondents. The aforesaid acquiescence of PW-1 to the apposite suggestion put to him by the learned counsel for the accused while holding him to cross-
of examination remains unshred of its efficacy comprised in the learned APP concerned subsequent thereto seeking to re-examine rt him whereupon it acquires immense credence qua the facet of his exculpating the guilt, if any, of the respondents/accused in the manner alleged against them. The aforesaid disclosure made by PW-1 qua the aforesaid cause sequelling the falling of 33 KV line onto the relevant vehicle also his communicating therein qua the relevant cause not being attributable to the accused respondents derelicting in maintaining it, gains vigour from the testimony of PW-10. PW-10 in his testification has voiced qua the Guarding below the line standing broken. He communicates therein qua in case the relevant Guarding of the wire had not suffered any rupture thereupon the illfated mishap would not have occurred. Even though he in his testification articulates a cause for the relevant mishap contradictory to the one spelt out ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...9...
by PW-1 yet he alike the testimony of PW-1 has therein .
exculpated the negligence, if any, of the accused respondents in maintaining the relevant tower besides the 33 KV line, by his voicing therein qua on his inspecting the relevant maintenance of register his not detecting qua the accused respondents derelicting in their enjoined duty to promptly maintain it. The aforesaid rt testimonies of the relevant prosecution witnesses do not unveil qua the accused respondents despite holding knowledge qua the relevant defect occurring respectively in the tower and in 33 KV line, theirs omitting to rectify it. Contrarily evidence stands adduced qua the accused respondents efficiently maintaining the tower besides the 33 KV line evidence whereof stands comprised in the relevant manifestations occurring in the maintenance register which stood inspected by PW-10 besides by PW-1.
11. The prosecution would succeed in falsifying the relevant entries echoed the relevant maintenance register when evidence of immense vigour stood adduced before the learned trial Court wherewithin apposite portrayals are held. However, the aforesaid relevant evidence stood omitted to be adduced by the ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...10...
prosecution before the learned trial Court. Omission of adduction .
by the prosecution before the learned trial Court of relevant cogent evidence for eroding the efficacy of relevant entries disclosed in the relevant maintenance register wherewithin of unveilings occur qua the accused respondents not derelicting in maintaining both the tower and 33 KV line, forecloses an rt inference of no imputation of penal negligence being ascribable qua them.
12. Be that as it may, the prosecution would also succeed qua the accused respondents despite holding knowledge qua the relevant defect occurring in the tower besides in the 33 KV line, they yet omitting to promptly rectify them only when best evidence in consonance therewith stood adduced before the learned trial Court. The best evidence qua the aforesaid facet would stand comprised in the prosecution adducing before the learned trial Court evidence personifying qua the distance occurring inter se the control room manned by the respondents vis.a.vis the location of the tower besides the location of 33 KV line. In case the distance inter se both was minimal, the court ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...11...
would conclude qua theirs not promptly rectifying the relevant .
defects nor also the relevant reflections borne on the relevant register holding any tenacity. However, for omission of adduction of the aforesaid evidence it can be forthrightly concluded qua the of distance inter se the control room/repair room which stood manned by the accused respondents vis.a.vis the relevant tower rt besides 33 KV line being immense wherefrom it is to be concluded qua the relevant defect which evidently occurred abruptly standing unnoticed by the accused respondents thereupon neither any relevant knowledge can stand imputed to the accused respondents nor their omission if any to promptly rectify the defects can constrain a conclusion of theirs being hence penally inculpable.
13. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has appraised the entire evidence on record in a wholesome and harmonious manner apart therefrom the analysis of the material on record by the learned trial Court does not suffer from any perversity or absurdity of mis-appreciation and non appreciation ::: Downloaded on - 15/04/2017 21:34:20 :::HCHP ...12...
of evidence on record, rather it has aptly appreciated the material .
available on record.
14. In view of the above, I find no merit in this appeal, which is accordingly dismissed. In sequel, the impugned of judgement is affirmed and maintained. Record of the learned trial Court be sent back forthwith.
rt 17th November, 2016. ( Sureshwar Thakur ) ™ Judge.
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