NAGENDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Instant criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, is directed against the judgment dated 30.11.2010, passed by the learned Additional Sessions Judge, Mandi, District Mandi, HP, in Criminal Appeal No. 34 of 2007, affirming the judgment and order dated 22.9.2007/24.9.2007, passed by the learned Judicial Magistrate, Ist class, Court No. II, Mandi, District Mandi, HP, in Police Challan No. 47-I/2004/27-II/2004, whereby the accusedpetitioner has been sentenced as per description given herein below:-

(2.) Briefly stated facts as emerge from the record are that the complainant namely Devi Saran, who at that relevant time was working as Lineman in Himachal Pradesh State Electricity Board, received an order of disconnection of electricity supply of certain houses including the house of present petitioner-accused. As per the complainant, Surender Singh (PW3) (Junior Engineer) directed him to implement the aforesaid order dated 5.1.2004 of disconnection of electricity of the house of the accused. Accordingly, on 17.1.2004, the complainant along with labourer namely Surender Singh PW5 disconnected the electricity supply of the house of Nagender Singh, S/o of Sh. Sidhu Ram. Around, 2.30pm when Devi Saran i.e. the complainant, was cutting the electricity wires of the house of Tej Singh, accused came there and enquired from the complainant that why did he disconnect the electricity supply to his house and thereafter, he picked up plier lying on the ground and gave a blow of the same on the right ear of the complainant. The complainant further alleged that while doing so, accused also took away electricity disconnection order from him. The complainant further complained that while leaving the spot, accused also threatened him to kill him. Subsequently, the complainant reported the matter to Junior Engineer Surender Singh (PW3), who advised him to report the matter to the police and in the aforesaid background, entire matter came up before the police, who on the basis of aforesaid complaint having been lodged by the complainant, registered the formal FIR Ext.PW1/A against the accused. After completion of the investigation, police, presented the charge sheet against the accused in the competent court of law under sections 332, 353, 506 and 189 of the IPC.

(3.) Learned Judicial Magistrate, Ist Class, Court No. II, Mandi, District Mandi, HP, after satisfying itself that prima facie case exists against the accused person, framed charges against the accused, for having committed offences punishable under Sections 332, 506 and 189 of the IPC, to which he pleaded not guilty and claimed trial.