SOMASHEKARAPPA S/O HANUMANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Pw.1/Complainant has lodged a complaint alleging that on 18.10.2003 at about 2.00 P.M. he visited the Flour Mill owned by accused No.2. He found that the meter was tampered. On inspecting the meter, meter main body seal was tampered. It is alleged that the accused No.1 who was running the mill was also involved in the of fence. The complainant has lodged a complaint against both the accused for the of fences punishable under Section 135(1) of the Indian Electricity Act, Sec.35 of the Karnataka Electricity Act and Sec.379 of IPC. After investigation, the charge sheet was submitted for the of fences punishable under Section 135(1)(b) of the Indian Electricity Act R/W Sec.39 and 44 of the Indian Electricity Act.1910.

(2.) After holding trial, the learned Judge found that the accused are guilty of the of fence alleged accordingly. The Special Judge, Bellary in SC NO.13/2008, passed the impugned order convicting the accused under Section 135(1)(b) of Electricity Act vide order dated 23.07.2010.

(3.) The above said judgment and sentence has been questioned by the appellants on following grounds.