Bhuneshwar Nishad, S/o Shri Bhagwat Ram Nishad vs State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Chh) 561

SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Bhuneshwar Nishad, S/o Shri Bhagwat Ram Nishad – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Vipin Tiwari, Advocate.
For the Respondent:Mr. Ashish Tiwari, Govt. Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Invoking appellate jurisdiction of this Court, the present criminal appeal under Section 374 (2) of CrPC has been filed by the appellants herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 13.7.2016 passed by Special Judge under Electricity Act, District Balod in Special Case No.6/2015 whereby each of the two appellants herein have been convicted and sentenced in the following manner :-

Conviction

Sentence

1. U/s 304/34 of IPC

Imprisonment for Life and fine of Rs.3000/- and in default of payment of fine, to undergo additional R.I. for 3 months.

2. U/s 139 of the Electricity Act, 2003

Fine of Rs.5000/- and in default of payment of fine amount, to undergo R.I. 5 months.

2. Brief facts of the case as projected by the prosecution and accepted by the Trial Court are that:-

(i) On 20.4.2025 between 7-9 p.m. at Village Pond under Police Station Gurur, District Balod, the two appellants herein unauthorisedly laid naked centering wire

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2023 Supreme(Chh) 561

SANJAY K. AGRAWAL, SANJAY S. AGRAWALBhuneshwar Nishad, S/o Shri Bhagwat Ram Nishad – AppellantVersusState of Chhattisgarh – Respondent

Cases Referred (9)

SANJAY K. AGRAWAL, SANJAY S. AGRAWAL
Bhuneshwar Nishad, S/o Shri Bhagwat Ram Nishad – Appellant
Versus
State of Chhattisgarh – Respondent