BHUNESHWAR NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking appellate jurisdiction of this Court, the present criminal appeal under Sec. 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 dtd. 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 :- <FRM>JUDGEMENT_43_LAWS(CHH)12_2023_1.html</FRM>

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

(3.) After completion of the investigation, the two appellants herein were charge-sheeted for the offences punishable under Ss. 304/34 of IPC and Ss. 12 and 29 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010. The matter was put to trial before the Special Court constituted under Sec. 153 of the Electricity Act i.e., the Special Judge under Electricity Act, Balod in the instant case, where the case was registered as Special Case No.6/2015 and charges under Ss. 304/34 of IPC and Sec. 139 of the Electricity Act were framed against the appellants, to which the appellants abjured their guilt, took a plea of false implication and entreated for trial.