UTTAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above appeal is filed challenging the judgment of conviction and order on sentence dated 17.12.2011 passed in Special C.C.(ELEC) No.4/2009 by the Court of Special Judge and Additional District and Sessions Judge, Bidar.

(2.) The brief facts of the case are as follows ;- PW.1 is the complainant who is Assistant Executive Engineer, GESCOM received a credible information regarding theft of electrical energy at Siddapur Village in the flourmill belonging to appellants/accused and thereafter he along with other vigilance police and his staff and Section Officer conducted raid on 03.12.2008 at about 12.20 p.m on the flourmill of the appellants/accused situated in Siddapur Village and the flourmill was standing in the name of accused No.2 who is the mother of accused No.1 and inspected, checked and found that there was energy being abstracted from the L.T line bypassing the meter directly connecting to the flourmill and thus, made arrangement for not recording the meter eventhough the flourmill was running. The accused No.2 who is the mother of accused no.1 who is the registered consumer in whose name the flourmill was licenced and accused No.1 was managing flourmill and thus, both in this passion have committed theft of energy worth of Rs.1,06,949/- as per back billing charges. Thus, committed an offence punishable under Section 135 of Electricity Act, 2003 (for brevity hereinafter referred to as the 'Act') and accordingly lodged first information statement (FIS) as per Ex.P.1 and based on that FIS, first information report (FIR) was registered as per Ex.P.5.

(3.) PW.4 who is a Police Sub-Inspector, GESCOM after registration of FIR started investigation and filed charge sheet against the accused for the offence punishable under Section 135 of the Act.