R L PRABHAKARA S/O LATE R LAKSHMANA SETTY; R P SUNDARESHAN S/O R L PRABHAKARA; RIYAZ AHMED S/O BABUSAB Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment and order of the Special Judge, Davangere, convicting the appellants for the charge under Sections 39 and 44 of the Indian Electricity Act (hereinafter referred to as 'the Act' for short) and directing them to undergo simple imprisonment for a period of one year and six months and to pay a fine of Rs.3,000/- each with default sentence for the offence under Section 39 of the Act and simple imprisonment for two years and to pay a fine of Rs.5,000/- each with default sentence for the offence under Section 44 of the Act.

(2.) The facts reveal that on 28.7.1998 in the evening at 5.00 p.m. PW1 the Assistant Executive Engineer along with accused No.1 (the appellant in Crl.A.No.276/2008) went to the Ameeth Cinema Talkies of accused No.3 (the appellant in Crl.A.No.277/2008) and at about 23.30 hours, verified the electric meter and found that the seals were tampered. The consumption of electricity since six months prior to the inspection was 1000 units, whereas, it ought to have been in between 2500-3000 units and therefore they suspected that the accused are extracting electric energy by tampering the electricity meter and said to have caused loss to an extent of Rs.4,20,129/-. On a complaint of PW1 at Ex.P1 the electric meter was seized. After an inspection, the spot mahazar Ex.P2 was held in the presence of PWs.2 and 3. The statements were recorded. The meter was sent for examination and a report Ex.P6 was produced and the charge sheet came to be filed against the appellants and accused No.2 for the charge under Sections 39 and 44 of the Act.

(3.) I have heard the learned counsel for the appellants and also the learned High Court Government Pleader.