STATE Vs. MOHD. MOULANA AND BABU MIYAN

JUDGEMENT

(1.) AGGRIEVED by the judgment of acquittal dated 3.2.2009 passed by I Addl. Sessions Judge, Gulbarga, in Special Case No. 22/2008, the prosecution has filed the present appeal. The case of the prosecution is that on 6.4.2006 at about 3.30 p.m., the KPTCL vigilance squad, Gulbarga conducted a raid on the flourmill of the accused. They found that the accused have made a hole in the left side of the meter and had inserted a small stick to stop the running of the meter. While doing so the accused have dishonestly committed theft of electricity and caused loss to the tune of Rs. 27,681/ -. In the presence of the panchas a report was prepared. The lineman removed the meter and service wire and seized them under mahazar. He came back to his office and lodged a complaint in terms of Ex. P -4 which was registered in Cr. No. 174/2006 for the offences punishable under sections 135, 138(B) of the Electricity Act, 2003 r/w section 379 of the Indian Penal Code. On the investigation being completed, the charge -sheet was filed against both the accused. On trial, the trial court by impugned judgment acquitted the accused No. 2 for the offences alleged against him. Accused No. 1 is shown as dead in the FIR itself. The prosecution has examined 6 witnesses, marked 6 documents as well as MOs 1 and 2. The trial court by the impugned judgment acquitted all the accused. Hence the above appeal by the State.

(2.) PVV 1 is the Asst. Engineer, GESCOM who is the complainant. PW 2 is the lineman. PW 3 is the Head constable. PW 4 is the panch witness. PW 5 is the Head constable who registered a case against the accused. PW 6 is the Section officer.

(3.) HEARD the learned HCGP and examined the records.