STATE Vs. NAGAPPA

JUDGEMENT

(1.) By the impugned order, the Court below has closed the Special Case No. 35/2008. Consequently, acquitted the accused/respondent herein. The records reveal that all the five accused including the respondent herein in furtherance with the common intention, allegedly cut and removed and committed theft of aluminium electrical wire fixed on the electrical poles situated in the land bearing Sy. Nos. 65 and 66 belonging to CW7 during night hours of 21.03.2006 and took away the said aluminium wire. Thus the accused allegedly committed the offence punishable under Section 379 of IPC read with Section 149 of IPC and under Section 136 of Electricity Act. The case against the respondent (accused No. 5) was split up, however, as against accused Nos. 1 to 4, the trial went on in S.C. No. 27/2007. The Trial Court after hearing, acquitted the accused by the judgment and order dated 13.10.2008.

(2.) While acquitting the accused, certain observations were made in favour of the respondent herein also. Certain of the observations are as under: