B SIDDALINGAPPA Vs. STATE BY THE POLICE INSPECTOR

JUDGEMENT

(1.) This is an appeal filed by the accused persons against the judgment and order of conviction and sentence passed by the learned Special Judge, Bellary, dated 11.08.2010 in Special Case No.31/2008 for the offences punishable under Sections 135 (1) (b) of the Electricity Act, 2003 (hereinafter referred to as 'the Act' for short).

(2.) The facts of the case as stated in the appeal memo is that on 06.08.2004 at about 6.30 p.m., complainant filed a written complaint before the respondent stating that on 05.08.2004 at about 4.15 p.m., the complainant along with his staff visited the flourmill of the appellants situated at Bennikallu village. They inspected the installation meter bearing No.BNP-1/2-3 and found that, the main seal was tempered, thereby the complainant came to the conclusion that, the appellants have committed theft of electricity.

(3.) The mahazar, loss estimation report, inspection and meter test report were drawn and accordingly complaint was lodged before the respondent herein Cr.No.229/2004 was registered for the offences punishable under Sections 135(1)(b) and 152 of the Act. After obtaining certain relevant documents, charge sheet was filed against the appellants.