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Attempt to cause injury or murder.

(Querist) 12 February 2009 This query is : Resolved 
My friend's brother X had some enmity with my friend Y regarding a property. The case regarding the propety is in the court. Once
X scolded Y's wife pretending that she had tresspassed his property which is under dipute.Y's wife complained to the police about this. The SI called X to the police station. But X didnt turned up. The matter was subjected to its natural end.

One week ago Mr.X left the town and during that time My frined while crossing the property building he had a terible electic shock when he touched the wall of the locked house situated in the propery.
At once he was taken to a near by clinic and after some time he complained about this at the police station. The S.I visited the spot and arranged with the E.B to disconnect the supply to the house.

At that time the SI told that he will take actiono againstX when he returns to the town.

Yesterday X returned to town and the SI called X to the station.But as usual he didnt bothered. But today he came to the police station and told to the SI that he is innocent and as he was out of station he has nothing to say about the incidence and he is totally unware of that.

However The SI received a statement from X that he has not commited any crime and he will not do in future also.

But My friend is totally disappinted with this and he feels as if justice is not done to him.

The SI has not attempted to see what Mr X has done in the locked house to give electric shock when any one touches.

In one or two days Mr X will return to the house. ( He is having another house in the town and he will use this house also frequenty)

My friend Y says that when X opens the house he will dismantle all the elctrical connections and will pretend as if the shock was due to some electrical leakage in the wire.

How to establish the truth and what action my friend must take. It seems that the SI is favouring Mr X for reasons unknown
PALNITKAR V.V. (Expert) 12 February 2009
It is not made clear whether the wall was wet. Unless it is wet it wont give shock.
ARVIND JAIN (Expert) 12 February 2009
Its a matter of investigation to be done by SI. Let him do his job.
Adv.Shine Thomas (Expert) 12 February 2009
I agree with Mr.Arvind Jain
P.Muthusamy (Querist) 13 February 2009

My problem is: The SI is not investigating the matter properly. My friend says that he has made some electrical connections inside the house like that will be done in fences to prevent animals in the fields in the forest area.

The question is why the SI has not asked the EB personal to inspect the house after opening the door of the house in the presence of Mr.X.

Mr.X has not entered the house till today.
If he is innocent he will not hesitate to enter the house. He purposely avoids entering the house and thinks that after days has passed every one will forget the matter and he will dismantle the connections he had made without noone's knowledge.

The question is why the S.I is avoding to inspect the house with the help of the E.B authorities.

If the electrical shock is accidental for example wet wall, it can be ascertained only if it is proved that no intentional connections were made.

Learned lawyers Kindly advise.



M. PIRAVI PERUMAL (Expert) 13 February 2009
If you think the SI is biased you can make a representation to the Commissioner of Police or Superintendent of Police and still if you are not satisfied you can approach the judicial magistrate court with an application under section 156 (3) to direct the SI of Police to register a case and to carry out investigations. But for all these things you must have prima facie case, you will not succeed if you act on the basis of your assumption and presumptions.
Uma parameswaran (Expert) 13 February 2009
Why your friend tresspass the property while X is not there? You can also give complaint to The electricity officer if your allegation is true.
K.C.Suresh (Expert) 15 February 2009
The complainant must be with clean hands.
The witness must impartial and dis interested and independent. On the one side your own brother and the other your friend. You want to give relief to your friend for yopur own reasons. the facts are not fortycoming from your side. Styill some thing behind the screen. As suggested by the LCI fratenrnity the involvement of X can be decided by an investigation by police. So file a complaint U/s 156 (3) of Cr.P.C as opined by Mr. Perumal.
A. A. JOSE (Expert) 16 February 2009
It appears that the dispute is between two brothers one of whom is said to be your friend. Thus, it is a family dispute as such which should, preferably, be settled mutually, if necessary with the intervension of some elderly persons from the family or community rather than dragging into criminal complaints and deadly enemities please. If such a wise course is impossible, then let any action as suggested hereinable be explored. Your friend can also request the Electricity Board or the Electrical Inspectorate to inspect and ascertain the cause of electric shock. Alternatively, a prayer can also be made to the court to appoint a court commissioner who can be assisted by the Electrical Inspectorate or the electricity board officials to ascertain the reasons for the electric shock from the wall.
RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
I do agree with Mr. Jain.
P.Muthusamy (Querist) 17 February 2009
As suggested by the expert m. piravi perumal, my friend complained to the Deputy commisioner of police and the commisioner called the SI and ordered to see that the cutting of power supply as weel as the reconnection made to the house are in black and white in the registers of the elecricity board and enquire thoroughly the matter with X and to record every thing.

Today the SI came and now It is a matter of investigation done by SI.

As suggested by expert ARVIND JAIN, my friend is letting him do his job. Thanking all other experts for their valuble suggestions.


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