Frame SOPs for temple festivals, HC tells trustees

CHENNAI: In order to avoid accidents or mishaps, the Madras High Court directed the temple trustees to frame a Standard Operating Procedure (SOP) for all temple festivals.

Hearing an appeal petition filed by a contractor Raja, Justice D Bharatha Chakravarthy set aside the conviction and sentence imposed on the contractor by the Principal Sessions Judge, Villupuram.

The case dates back to the Melmalayanur Angalamman Temple festival on June 3, 2008, when the devotees in queue suffered electrocution after the wire between two tube lights snapped. Six devotees died and 37 people suffered injuries in the incident. The chargesheet filed mentioned five persons as guilty and the first accused was Raja, who was the electric contractor (Sound Service Person). The other four accused were his employees.

Hearing the case, Principal Sessions Judge, Villupuram, found Raja guilty of the offence under Section 304 (II) of the IPC and imposed punishment of 10 years rigorous imprisonment and a sum of Rs 5,000 as fine for each count and in default of payment of fine, to undergo one year rigorous imprisonment and also guilty of the offence under Section 324 of the IPC, sentenced to undergo one year rigorous imprisonment for each count and then of the offence under Section 135 of the Electricity Act, 2003 sentenced him to undergo 3 years rigorous imprisonment.

Hearing the case, the Madras HC said, “The appellant is acquitted for the offence under Section 135 of the Electricity Act, 2003. For the offence under Section 304-A of the IPC and Section 337 of the IPC, the period (119 days) already undergone by the appellant shall be treated as the substantial sentence of imprisonment and further, the appellant is liable to pay a fine amount imposed by the Trial Court of Rs 5,000 for each count for the offence under Section 304-A of the IPC and the fine amount already paid by him shall be set off against the same.”

The court said that the appellant can’t be said to have hurt people with intention to do so.

“As far as the offence under Section 135 of the Electricity Act, 2003, is concerned, it is not a theft of energy which is happening in any agricultural field or in any undisclosed location. When for the Temple festival, if electricity is stolen, that liability will have to be fastened only on the Trustee of the temple and the Executive Officer who are responsible for providing electricity,” the court said and added that the contractor is entitled for benefit of doubt.