STATE BY ULSOORGATE POLICE STATION BANGALORE Vs. BASAVARAJU

JUDGEMENT

(1.) This appeal is by the State against the judgment dated 23-5-2003 in Spl. C.C. No. III of 2002 on the file of X Additional City Sessions Judge, Bangalore.

(2.) Ulsoorgate Police charge-sheeted the accused for the offence punishable under Sections 39, 39-A, 40, 41 and 44 of the Indian Electricity Act, 1910 read with Section 379 of the Indian Penal Code, 1860. The case of the prosecution is that P.W. 1, who is Assistant Engineer working in Karnataka Electricity Board, as then existed, went along with the Inspection Squad to the premises of the accused on 22-2-1997. At that time the factory of the accused as running and on inspection the complainant found that the 'seal' was missing on the meter. Suspecting that the accused has tampered the meter to draw illegal power, he lodged a complaint as per Ex. P. 1. Based on the complaint the police investigated and filed charge-sheet.

(3.) To prove the case the prosecution examined P. Ws. 1 to 5. P.W. 1 is complainant; P.W. 2 is Lineman; P.W. 3 is Assistant Engineer at the time of inspection; P.W. 4 is an independent witnesses to the mahazar and P.W. 5 is Senior Assistant working in Karnataka Electricity Board. Except P.W. 4 all other witnesses are official witnesses. Though P.W. 4 is cited as mahazar witness he has not supported the case of the prosecution and is treated as hostile witness. No cross-examination was made to P.W. 4.