Cherubin Gregory V State of Bihar ( Case Law)

Facts:-

1. The appellant/accused fixed a naked wire trap at back of the house with a view to prevent the entry of intruders into his latrine.
2)The deceased whose wall of the latrine fell down and had exposed to public view. Consequently started using the latrine of the accused. The deceased when came out her hand happened to touch it and she got shock as a result of which she soon died after.
2. He resented this and made clear to them that they did not have his permission to use.

Issue:-

whether the act of the accused came under section 304 or 304A IPC (Indian Penal Code)

Ratio & Decision:-

A tresspass is not an outlaw, a caput lupinem. The mere fact the person entering a land is a trespass does not entitled the owner or occupied to inflict on him, person injury by direct violence and some principle would govern the infliction of injury by indirectly doing something on land the effect of which he must know thus likely to cause serious injury to one trespass.
The owner or occupier is not entitled to willfully acts such as to set trap or set a naked wire with deliberate intention to cause harm to trespasseros in reckless disregard to trespass presence.
The Voltage of the current sparking through the naked wire being high enough to be lethed, there could be no dispute that charging it with current of that high voltage was a ‘rush act’ done in reckless disregard of consequence the appeal was dismissed.

Reference

https://indiankanoon.org/doc/1198631/