BOREGOWDA AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE order of conviction and sentence for the offence punishable under Sections 135 and 138 of Indian Electricity Act, 2003, is challenged in this appeal.

(2.) THE facts reveal that on 17.07.2009 at 4.00 p.m., the Assistant Executive Engineer CESC (vigilance), Mandya raided the installation of Sugarcane crushing unit to manufacture the jaggery situated at Kabbahalli village. When inspected, it was found that the appellant had taken power connection to his sugarcane crushing unit from the electric line directly without any meter. He was running 10 HP electric motor for crushing sugar cane and for the purpose of lighting 200 watts bulb and 100 watts bulbs. In the circumstances, the mahazar was held as per Ex. P2 and sketch was drawn as per Ex. P3 and thereafter the crime was registered against the appellant for the aforesaid offences. During the course of investigation, the statements were recorded. The estimated bill (Exs. P5 and P7) and demand bill (Ex. P6) and required documents were collected and chargesheet was laid against the appellant.

(3.) THE point that arises for my consideration is: