BABIKALA SHARAD Vs. SIDDHARTH SUKHDEO

JUDGEMENT

(1.) The appeal and revision arise out of the judgment and order dtd. 11/6/2009 passed by the learned Additional Sessions Judge, Nagpur and therefore, the same are being disposed of by this common judgment. The learned Additional Sessions Judge convicted the accused for the offence punishable under Sec. 304 Part II of the Indian Penal Code (for short "the I.P.C") and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.75,000.00 and in default of payment of fine to suffer further rigorous imprisonment for one year. The learned Additional Sessions Judge acquitted the accused of main charge under Sec. 302 of the I.P.C.

(2.) The facts are as follows :

(3.) It is the case of the prosecution that accused and the informant are residents of same locality. The accused at the relevant time was a Corporator of Municipal Council. The work of digging of drainage for laying the pipeline in Buddha Nagar, Kamptee area had started in the locality under Jiwan Pradhikaran Scheme of the Government. The accused, being a Corporator of the said ward, was instrumental in undertaking the said work. However, after digging the drainage, the work of laying pipeline was not completed expeditiously. It was therefore, causing inconvenience to deceased Sharad, his family members and others inhabitants of the locality. It is stated that the deceased repeatedly requested the accused to complete the said work.