Uttarakhand / Kashipur : Witnesses turned hostile but justice won
In the case of culpable homicide not amounting to murder, the court of the first ADJ considered the circumstantial evidence as the basis and sentenced the accused to five years imprisonment. A fine of Rs 1 lakh has also been imposed on him. In default of payment of fine, he shall undergo further imprisonment of one year.
On December 19, 2016, Mangal Singh, a resident of Gangapur, had lodged a report at Kunda police station that his son had gone to work in Abbas’s under-construction house in Bunty village. After some time Abbas left his son Bunty in a scorched condition in the government hospital. When he reached the hospital with his wife, Bunty’s breathing had stopped. In the post-mortem, the cause of death was revealed to be electrocution.
The police registered a case against Abbas and presented the charge sheet in the court. It was said that Abbas had cut the cable with the intention of stealing electricity. Bunty has died due to electric shock coming in contact with the wires. The trial of the suit was held in the court of the first ADJ. On behalf of the prosecution, 10 witnesses including the plaintiff were presented in the court. Many of these did not support the prosecution’s plot. Energy Corporation SDO Madan Lal Tank said in his testimony that the accused was not stealing electricity.
ADGC Vipin Agarwal appeared on behalf of the prosecution. Looking at the circumstantial evidence, the court convicted Abbas under section 304. The court sentenced the accused to five years imprisonment and fined one lakh rupees. Out of the fine, an amount of Rs 95 thousand will be given equally to the parents of the deceased. The remaining amount of five thousand rupees will be deposited in the legal authority.
the court accepted
The court said that open electrical wires have been found on the spot. There was no electricity connection in the name of the accused, it is clear that the wires were put on the poles only to steal electricity. The court said that in the post-mortem report, the cause of Bunty’s death has been told to be due to current.
