SHANKAR RAMACHANDRA SHINDHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) The petitioners were Accused Nos.3 and 4 before the Trial Court, in the following circumstances: On 23.11.1998 at about 11.15 p.m., the complainant along with his other staff members raided one Padmashri Talkies situated at Harugeri village belonging to the accused Nos.1 and 2 and found that there was theft of electricity which had been going on for quite some time and this was achieved by fixing what is known as changeover switch normally used to switch between the electricity supply and captive power supply when there is load shedding and there was no electricity. However, in the present case on hand, the changeover switch was being used to prevent the electricity meter from recording the consumption of electricity and it was not connected to any generator. This was discovered by the complainant and his staff when they conducted a raid and it is in that backdrop that apart from the accused Nos.1 and 2 who were the owners of the talkies, Accused Nos.3 and 4 being Meter Readers were fully aware of the changeover switch being used to commit theft of electricity and having shielded the Accused Nos.1 and 2, the meter readers were also alleged to have abetted the commission of offence. Accused No.5 was the person who had actually fixed the changeover switch on the meter board of the accused Nos.1 and 2 and had actively assisted Accused Nos.1 and 2 in committing theft of electricity. It is in this background that the complaint was lodged.

(3.) On the basis of the complaint, the Investigating Officer had proceeded to the spot and seized the articles which had been used for the purpose of causing theft of electricity and further proceedings were taken to collect the evidence and a charge-sheet came to be filed against Accused Nos.1 to 5 alleging offences punishable under Sections 39 and 44 of the Indian Electricity Act, 1910 (hereinafter referred to as the IE Act , for brevity) read with Section 379 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.', for brevity) before the court of the JMFC, Raibag. The Magistrate after receiving the charge-sheet, took cognizance and registered the case against accused and framed charges in course of time. The accused having pleaded not guilty and having claimed to be tried, the prosecution examined PW1 to PW14 and marked Exhibits P1 to P18, apart from material objects 1 and 2. The statement of the accused were recorded under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to 'Cr.P.C.', for brevity) and after hearing the arguments of both sides, the Trial Court had framed the following points for consideration: