SULEMAN Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against his convictions under section 332 IPC and section 379 IPC read with section 39 of the Indian Electricity Act. He has been sentenced to three months' imprisonment and a fine of Rs. 500/ - under section 332 and to a fine of Rs. 250/ - under section 379 read with section 39 of the Indian Electricity Act by the learned Sessions Judge, Shajapur in appeal against the convictions of this petitioner by Magistrate 1st Class, Agar.

(2.) THE prosecution case at the trial was that on 23rd May 1975 supervisor of the Electricity Board Shri S. P. Sharma with his assistant Ramcharan went to village Piplon Khurd on the well of the petitioner Suleman. There were other persons also accompanying them. There they found that the petitioner has connected a pump on the well without authority and the motor was being run by electrical energy which was being stolen. The supervisor directed his assistant Ramcharan to disconnect. Thereupon when Ramcharan got down from the pole the petitioner gave a blow with Dhariya to Ramcharan resulting in an incised wound on his palm. On these facts the petitioner was prosecuted and ultimately he was convicted and sentenced as stated above.

(3.) REGARDING the conviction of the petitioner under section 332 IPC it was contended that although the doctor described the injury as incised wound but he has not been able to measure the depth. According to the learned counsel the witnesses do say that when Ramcharan got down from the pole his palm was bleeding. Under these circumstances according to the learned counsel the offence under section 332 IPC is not made out beyond doubt.