M.M. CHANAGOND Vs. STATE THROUGH HESCOM, VIJAYAPUR

JUDGEMENT

(1.) These two appeals are filed by the accused No.1 and 3 challenging the judgment of conviction and sentence dtd. 7/8/2014 for the offence punishable under Ss. 150(2) of the Electricity Act, 2003 to pay a fine of Rs.25,000.00 and in default of payment of fine, they shall undergo simple imprisonment for a period of three months.

(2.) The factual matrix of the case is that the counsel for the respondent/State submits that on 22/10/2009 when the HESCOM Vigilance Police, Bijapur raided the shop of Ramanna Hanamant Patroti at 11.00 a.m. in the presence of the complainant V.S. Rathod, AEE, CW4/Mitare, CW12/R.B.Halli, CW14/H.I.Naik, CW15/R.B.Koli, CW16/Anand Patange, CW17/H.R.Naik have inspected the installed R.R.No.70770. It was noticed that deleted accused No.2/Ravikumar was running the mobile shop through this meter from 26/10/2006 and on further inspection it was revealed that from 26/10/2006 till 22/10/2009, no bill was paid having consumed the electricity through that meter. It is further case of the prosecution that on further enquiry to the deleted accused No.2, he informed that he had entrusted the work of getting electricity connection and installation of meter to the accused No.2-Basavaraj Gotagunaki, Electric Contractor, process through the accused No.1-Sec. Officer and accused No.3 - M.D.Kumbar, who was working as Overseer at that time and that he was informed that his number is not yet fed into to the computer system, therefore, he is not getting the bill and that he would get bill as and when the RR number is fed to the computer system. It is an allegation of the prosecution that on further verification of records, it was found that there were records pertaining to the installation of this RR No.70700 and by misusing the work order sanctioned in the name of CW7/Kamalabai, making a false entry in RR register, accused Nos.1 to 3 with a common intention, have managed to get electricity service through the shop of deleted accused No.1 belonging to deleted accused No.1 through RR No.70700 illegally, thereby, abetted the deleted accused Nos.1 and 2 to steal the electricity to the extent of 750 units worth Rs.4,418.00 and thereby causing loss to the HESCOM and hence, after the investigation, the charge sheet has been filed against these petitioners.

(3.) After filing the charge sheet by the concerned HESCOM Vigilance Police, the Court has taken cognizance and secured the presence of the accused Nos.1 to 3. They denied the charges leveled against them and the prosecution relied upon the evidence of PW1 to PW11 and got marked the document at Exs.P1 to P10 and M.O.1 to 3. The accused were subjected to 313 statement and thereafter they have not led any defence evidence. The Trial Court after considering both the oral an document evidences convicted these petitioners and hence, the present appeal is filed.