BASAVARAJ AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) APPELLANTS were accused in a criminal case bearing Special Case No. 1/08 which was pending on the file of Special Judge and II Additional Sessions Judge, Bijapur. Charge sheet had been filed by the police inspector of the Vigilance Wing, HESCOM, Bijapur District, against these appellants for the offence punishable under Section 135(1)(b) of the Electricity Act, 2003, (hereinafter referred to as the Act, for brevity).

(2.) THE case of the prosecution is that on 14.8.2006 at about 7.00 p.m., CW -1, CWs -4 to 9 and 13 together conducted a raid on the flour mill in the name of the 2nd accused -Kallappa run by the 1st accused -Basavaraj on an oral agreement to run a flour mill. On inspection, it was found that two phase and one neutral wires had been disconnected from the terminal box and directly connected by -passing the meter and connected to the flour mill and two bulbs. Thus the accused were guilty of illegally using electrical energy and committed theft of 7,158 units and thereby caused wrongful loss to the tune of Rs. 40,477/ -.

(3.) IN order to bring home the guilt of the accused, the prosecution has examined in all 8 witnesses and 13 exhibits have been got marked apart from 5 material objects. The defence set up by the accused is one of total denial of the allegations leveled against them. After their examination under Section 313, Cr.P.C., the following points have been framed by the learned special judge as found in paragraph 7 of the judgment: