K.S. PUTTABUDDI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order in Spl. CC Nos. 20 to 22/2005 dated 09.02.2010 convicting the appellant for the offence punishable under Sections 39, and 44(A) & (B) of Indian Electricity Act and the sentence thereon.

(2.) THE facts reveal that the appellant had taken electricity supply to three shop premises through the meter (MO1) in each of these cases. The prosecution alleges that the appellant dishonestly abstracted the electricity energy through the aforesaid meters and unauthorizedly supplied energy to the neighboring shops.

(3.) LEARNED Counsel for the appellant submits that except the official witnesses, no independent witnesses have supported the case of prosecution. He submits that the evidence of official witnesses alone cannot be accepted to sustain the conviction. It is also his submission that incriminating substances i.e., the extra wire said to have been used for unauthorized abstraction of electricity was not seized and therefore, he would submit that the conviction is both erroneous and illegal. He submits that MO1 was not in working condition. There was supply of electricity through the same meter and in the absence of any evidence of illegal abstraction of electricity, the conviction has to be set aside.