M. N. SREEKANTHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order of conviction and sentence dated 14/17-01-2011 to undergo simple imprisonment for a period of one year and to pay a fine of Rs.5,000/- for the offence punishable under Section 136 of Indian Electricity Act passed in Spl.C.No.253/2008 on the file of First Additional Sessions Judge at Tumkuru.

(2.) Heard the learned counsel appearing for the appellant and learned High Court Government Pleader appearing for the respondent-State.

(3.) The factual matrix of the case is that on 12.06.2008 during night time, the accused has committed theft of electric copper wire from the electric pole installed in the land of one Prasad situated at Y.N.Hosakote in Sy.No.46/1 which was fixed at 11 kv of Y.N.Hosakote going towards Marammanahalli and accordingly, P.M.Krishnamurthy, the Section Officer, who has been examined before the Court as P.W.1 filed the complaint and after registering the case, accused was apprehended on 17.06.2008 with electric wire. The recovery was made at the instance of the accused and after investigation, the police have submitted the charge sheet against the accused for the offence punishable under Section 136 of Indian Electricity Act.