Statement of accused under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
Background facts in a nutshell are as follows Shri Girdhari PW 13 submitted a written report to H.0.,
The Investigating Officer immediately proceeded to the place of occurrence, prepared panchnama, site plan, and the wire was seized.
At that time Chhittar removed the wire from the electricity pole and tried to remove the wire from the place of occurrence, but he was prevented from doing so by the persons assembled there.
He stated that he has been falsely implicated in this case.
At about 3.15 M. companyplainants younger brother Murlidhar went to give tea to his father, and he also died due to electrocution.
According to the post mortem report the cause of death of Ram Kumar and Murlidhar was due to electrocution.
The case was tried by the learned Additional Sessions Judge, Neem Ka Thana.
Complainant and other neighbour reached there.
Learned Magistrate companymitted the case for trial to the Court of Sessions.
Post mortem was companyducted by the Medical Officer.
P.C. was recorded.
He has also examined Phool Chand DW 1 in his defence.
In this case the prosecution examined 15 witnesses and referred to several documents.
The accused was arrested on the same day.
The learned Additional Sessions Judge after hearing the arguments framed the charge for the offence punishable under Section 302 IPC against the accused, who denied the charge and claimed to be tried.
When Murlidhar went there to give tea to his father he also came in companytact with the electric wire and died on the spot.
On the basis of evidence produced before the learned Additional Sessions Judge, he held that due to enmity with the intention to kill Ram Kumar and his son Murlidhar, accused Chhittar fixed naked live wire of electricity on the drain for supplying water in the field in between the fields of Ram Kumar and Chhittar with the result that in the night when Ram Kumar went to his field he died due to electric current.
On the basis of this report a case under Section 302 IPC was registered against the accused FIR 29/97 .
Prosecution witnesses relating to the incident are closely related to the companyplainant.
He was number cultivating the field.
After some time uncle of companyplainant Sua Lal numbericed the dead bodies of Ram Kumar and Murlidhar lying in the field, he raised alarm.
P.S. Thoi, District Sikar, to the effect that in the intervening night of 13/14th March, 1997 his father Ram Kumar hereinafter referred to as deceased went to his field for irrigation.
