BHOLA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted for the offence under section 39 of the Indian Electricity Act, 1910 by the Judicial Magistrate, First Class, Mungeli, District Bilaspur (Chhattisgarh) vide order dated 13th August, 2002 and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-. The appellant challenged the said order by filing Criminal Appeal No. 275 of 2002 before the Second Additional Sessions Judge (Fast Tract Court) Mungeli, District Bilaspur, Chhattisgarh and the Sessions Judge dismissed the appeal by his order dated 11th May, 2004. The said order was challenged by the appellant by filing a Criminal Revision No. 285 of 2004 before the High Court of Chhattisgarh. The High Court by order dated 8th December, 2016 dismissed the revision filed by the appellant. The appellant has called in question the legality and correctness of the said order in this appeal.

(3.) Having heard learned Counsel for the parties, we do not find any merit in this appeal. The Courts below, on appreciation of the entire evidence on record have come to a conclusion that the appellant has committed the offence of theft of electricity by taking direct line from the electricity board for which he was not authorized and thereby committed the theft of electricity.