SHIVAREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order of sentence dtd. 16/1/2012 passed in EACC No.21/2010 by the District and Sessions Judge, Chikkaballapur convicting the appellant/accused for the offence punishable under Sec. 135 of Electricity Act, 2003 (hereinafter referred to as 'Act' for short) and sentencing to undergo simple imprisonment for 06 months and also to pay fine of Rs.5,000.00 in default to pay fine, to further undergo simple imprisonment for 02 months.

(2.) The factual matrix of the case is that on receiving credible information that appellant/accused has taken direct electricity connection to his house, PW.1- Assistant Engineer has visited the house of appellant/accused at Madachintapalli village and saw that appellant/accused has taken direct connection of electricity to his house from electric pole of the BESCOM and he has not at all obtained any permission or licence to obtain the direct connection from the electric pole to his house and accordingly, appellant/accused has utilized 1920 watt + 0.5 H.P. electricity illegally and therefore, PW.1-Assistant Engineer has filed complaint at Ex.P1 and the case came to be registered in BESCOM P.S.in crime No.4/2010 for the offence punishable under Sec. 135 of the Act.

(3.) The charge sheet came to be filed against appellant/accused for the offence under Sec. 135 of the Act. The Trial Court has framed charge against appellant/accused and appellant/accused denied the charge and claimed to be tried.