JUDGMENT

Mahesh Chandra, J. - This is an application in revision against the conviction of Dr. Vishwavir applicant under, Section 426 Indian Penal Code. He has been sentenced to pay a fine of Rs. 40/- and in default to undergo rigorous imprisonment for one month.

2. The applicant cut off the electric connection of the sub-meter of Sheo Bhagwan, who was the applicants tenant. Sheo Bhagwan thereupon made a report in the police station and also filed the complaint which has given rise to this application for revision. Both the Courts below have found the applicant guilty.

3. The contentions of the learned counsel for the applicant are two-fold : firstly, that the applicants action is not covered by the definition of mischief because electricity is not movable property and secondly, that it was essentially a civil dispute.

4. As far as the first contention, Section 425, I.P.C., which defines mischief runs as follows :-

"Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public; or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or ut