RAVI Vs. STATE BY RURAL POLICE CHIKAMAGALUR

JUDGEMENT

(1.) This appeal is filed by appellant - accused No. 3 challenging the judgment of conviction and order of sentence passed in Spl.C. No. 20/2010 by the Additional District and Special Judge, Chickmagaluru dtd. 4/10/2011 convicting the appellant - accused No. 3 and also accused Nos. 1 and 2 for the offence under Sec. 136 of Indian Electricity Act, 2003 (for short hereinafter referred to as'the Act') and Sec. 379 of IPC. Accused Nos.1 to 3 were sentenced to undergo simple imprisonment for a period of 2 months and to pay fine of Rs.2000.00 each for the offence under Sec. 136 of the Act with a default sentence. No separate sentence has been passed for the offence under Sec. 379 of IPC as it is a similar offence to that of offence under Sec. 136 of the Act.

(2.) Factual matrix of the case is that, on 22/5/2007 at night hours near Mattavara kere in Chikkamagaluru accused persons committed theft of copper wire measuring 200 meters and weighing about 40 KGs 50 GMs. worth Rs.15,000.00 belonging to MESCOM installed in electric poles and alleged to have committed offence punishable under Sec. 379 of IPC and Sec. 136 of the Act. Charge sheet came to be filed against accused Nos. 1 to 6 for the offence under Sec. 379 of IPC and Sec. 136 of the Act. Trial was held against accused Nos. 1 to 3 and 5 and 7 and the case against accused No.4 was split up.

(3.) In order to prove the case the prosecution has examined nine witnesses as P.W.1 to P.W.9 and got marked documents Ex.P.1 to Ex.P.12 and material objects as M.O.1 and M.O.2. The statement of the accused under Sec. 313 of Cr.P.C. was recorded.