MAHAVEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . These appeals, at the instance of the appellant-convict, are directed against the judgment and order dtd. 15/10/2010, passed in Criminal Appeal No.2701997 and Criminal Revision Application No.3461997, whereby a learned Single Judge of the High Court of Judicature at Bombay (Bench at Aurangabad) overturned the findings of acquittal recorded by the IIIrd Jt. Judicial Magistrate (FC) at Jalan in Reg. Criminal Case No.10893 for the offence punishable under Ss. 39 and 44 of the Indian Electricity Act, 1910.[Hereinafter referred to as "The Act"]

(2.) The facts as have been laid out by the Courts below are as follows-

(3.) The prosecution examined five witnesses. Statement under Sec. 313 Code of Criminal Procedure Hereinafter referred to as "Cr.PC" of the two accused, namely Radheshyam and Mahaveer, the present appellant-convict (Mahaveer), was also recorded. It may be noted here itself that the appeal qua Radheshyam stood dismissed as abated vide order dtd. 30/9/2019. The defence did not lead any other evidence and furnished a whole and complete denial of the accusations levelled by the prosecution.