STATE OF KARNATAKA Vs. A MADAPPA

JUDGEMENT

(1.) This appeal is by the State against the order of acquittal passed by the X Additional City Civil and Sessions Judge, Bangalore City in Spl. C.C. No. 130 of 2004 for the alleged offence punishable under Sections 39 and 44 of the Indian Electricity Act, 1910 read with Section 379 of Indian Penal Code, 1860 against respondents 1 and 2, who are accused 1 and 2 namely, the husband and wife.

(2.) The house of the respondents is said to be standing in the name of respondent 2-the wife. On inspection by the Vigilance Squad on 19-8-2002 it is found that accused 1 has drawn electricity directly from the bus bar (prior to the meter board) by using the converter and managed not to record the meter and committed theft of electricity worth Rs. 2,26,192/-. Accordingly, charges were framed against the accused and since they pleaded not guilty the prosecution has examined in all seven witnesses and got marked six exhibits and M.Os. 1 to 3 namely the meter, bus bar and the starter and change over switch.

(3.) According to the prosecution on 19-8-2002 the Assistant Executive Engineer of the department along with the Inspector attached to the Vigilance and one more constable visited the spot and found that the electricity being drawn directly from the bus bar by using three phase converter and the accused were using the same for two borewells which were fitted with 5 HP and 10 HP motors.