SRINIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant-accused Nos.2 to 4 under Sec. 374(2) of Cr.P.C. for setting aside the judgment of conviction and sentence passed by the I Additional District and Sessions Judge, Tumkur, in Special Case No.83/2006 dtd. 2/12/2011, whereby the trial Court has convicted the appellants for the offences punishable under Sec. 136 of Electricity Act, 2003 (hereinafter referred to as 'Act'), and sentenced them to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000.00 each, and in default, to undergo rigorous imprisonment for six months.

(2.) Heard learned counsel for the appellants and the learned High Court Government Pleader for respondent.

(3.) The case of prosecution is that the complainant (P.W.12) filed a complaint on 18/8/2005 stating that there was theft of electricity copper wire measuring 765 meters at Sompura village by the unknown persons. The police officer (P.W.10) received complaint and registered FIR in Crime No.162/2005 for the offence punishable under Sec. 379 of IPC against the unknown persons and issued FIR to Court. Subsequently, on 26/9/2005, the police apprehended accused Nos.1 to 4 and their voluntary statement was recorded and based upon the said voluntary statement, the police recovered copper ingots from C.W.6 Atavulla at Bengaluru in a scrap shop under panchanama as per Ex.P.2 and the police filed charge sheet against the accused persons. The accused persons pleaded not guilty and claimed to be tried.