( 1 ) THIS Appeal under section 374 of the Code of Criminal Procedure is directed against the Judgment and Order of conviction and sentence dated the 26th October, 1993 passed by the Court of Learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No. 9 of 1992 under Section 333 of Indian Penal Code.

( 2 ) THE material facts involved in this appeal inter alia are that the appellant gave a fist/blow on the face of one Shri Chinnappan, an employee of the Port Blair Municipal Board whose duty was to release water in the Village Shadipur where the appellant used to reside at that time. It is the contention of the appellant that there was scarcity of water in the area and the appellant insisted that the said Chinnappan should not put off the switch. The prosecution case is that duty of the petitioner, Chinnapan is to release the water by opening the valve and thereafter close the same. The Appellant insisted that the water should not be stopped since there was scarcity of water. Since the said Chinnappan was duty bound to stop the release of water by closing the switch/valve, the said Chinnappan had to do so and accused appellant gave a fist/blow on the face