TULAJAPPA NAGENDRASA JARTARGHAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE judgment and order of conviction dated 30th day of October, 2009 passed by the II Additional Sessions & Special Judge at Dharwad in Special (KPTCL) C.C. No. 13/2008 is called in question in this appeal by the appellant/accused. By the said the judgment and order of conviction the appellant has been convicted for the offences under Sections 135(1)(c) and 138(1)(d) of the Electricity Act, 2003.

(2.) THE case of the prosecution in brief is that a complaint was lodged as per Ex.P.1 alleging that on 29.09.2007, when the complainant along with another person by name Murigeppa Bevinamara, Assistant Executive Engineer, LTMR Sub -Division, HESCOM, Hubli and S.B. Samba, DSP, HESCOM Vigilance Squad, Hubli, and as per their direction, the complainant along with other staff visited the flour mill of N.D. Jaratarghar, in Hubli city, Islampur road and the installation bearing No. MP.3133. They visited the said place at 13.30 hours. At that time, the owner of the said installation by name Tulajappa Nagendrasa Jartharghar i.e., the appellant/accused was also present and a notice was issued to him. When they verified the meter, it was of DZG Company with the capacity of 10.40 amps bearing Sl. No. 10766331 reading 13670.5. It was a 10 Hp motor which was installed for beating the rice. When they checked the meter, they noticed that there was slow reading by 9.93 per cent and at that time of rating it was 13.496 kilowatts. When they verified the seals, they were not as fixed earlier, but they were tampered and fabricated. So, on the basis of this, a complaint was lodged against the present appellant/accused for the alleged offences which was registered in Hubli Police Station Crime No. 239/2007.

(3.) AS submitted by the learned Government Advocate, the State has not preferred any appeal insofar as acquittal of accused No. 2 is concerned.