1. Rajinder Dutt appellant was convicted by the learned Addl. Sessions Judge, Faridabad on a charge for offence punishable under Sections 333/506/353 IPC and was awarded two years RI and fine of Rs. 500.00 or in default of payment thereof, to further undergo one months RI on the first count. He was awarded one years RI on the second count. No separate sentence was awarded for offence under Section 353 IPC, in view of awarding the sentence under Section 333 IPC. Both the substantive sentences were ordered to run concurrently. Feeling aggrieved against the orders of conviction and sentence, the appellant has come up in appeal.

2. In brief, the facts of the prosecution case are that injured Bhagwan Dass Sharma PW 4 was posted as Shift Engineer in 15 M. W. Plant of Thermal Power House, Faridabad. Rajinder Dutt accused was previously employed as Shift Attendant on this plant under the injured but was transferred from there to Coal Handling Plant. The accused suspected the injured to be instrumental in his transfer. On 3-10-1985 Bhagwan Dass Sharma had to resume his duties from 2 P.M. to 10 P.M. He arrived on the premises of Thermal Power House at about 1.45 p.m. and was proceedi