STATE OF KARNATAKA Vs. ABDUL NABI

JUDGEMENT

(1.) This appeal by the State is against the judgment of the First Class Magistrate, Raichur, dated 3-10-1973, in C.C. No. 133 of 1973, by which he acquit-ted. the accused.

(2.) The case against the accused was that he dishonestly abstracted, consumed or improperly used electric energy and thereby committed offences punishable under Section 379 of the Indian Penal Code read with Sections 39 and 44 of the Indian Electricity Act, 1910 (hereinafter referred to as tho 'Act').

(3.) The prosecution in support of its case examined S. Anjaneyalu (P. W. 5), Junior Engineer of the Karnataka Electricity Board, (hereinafter referred to as the Board) working in the vigilance squad. The work of the squad was to detect unlawful consumption of energy. His evidence was that when he checked the installation bearing No. 2334, he found that the meter was not working even though the lights were burning. On examination he found direct connection had been made from the main bypassing the meter. Relying upon this evidence, it was found by the Magistrate that the accused had interfered with the electric installation and consequently used electricity dishonestly with the intention of not paying for it. The facts established certainly constitute an offence punishable under the sections charged, with.