ANAND DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 28.8.2009 passed by the learned Special Judge under Electricity Act, Katni in special case No.329/2007, whereby it was decided that the Special Court shall not try the offence punishable under section 429 of IPC and therefore, a separate trial be initiated against the applicant for offence punishable under section 429 of IPC.

(2.) The prosecution's case, in short, is that, on 27.8.2006 at village Kuthla, Police Station Kuthla, District Katni, it was found that two buffaloes were found dead near the stray wire of electric pole. It was found that the applicant took the connection from that pole and he did not take a regular connection but, he took a direct wire from the pole to his house and therefore, due to break of insulating material of the wire that wire was touched with stray wire and therefore, the current was leaked and those two buffaloes died due to electrocution. The FIR was lodged to the Police Station Kuthla and therefore, after due investigation, a charge-sheet for offence punishable under section 429 of IPC and section 135 of the Electricity Act was filed before the Special Court.

(3.) The charges were framed and some witnesses were examined. Suddenly on 28.8.2009, the learned Special Judge in his own motion directed that no offence punishable under section 429 of IPC is triable by the Special Judge under Electricity Act and therefore, a separate charge-sheet be filed for that offence.