PADUM LAL PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 16-12-2008 passed by the Special Judge (under Electricity Act, 2003) in Special Case No. 143 of 2007 wherein the said Court has convicted the appellant for commission of offence under Section 135 of the Electricity Act, 2003 (for short, "the Act, 2003") and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.1,00,000/- with default stipulation. The said court further imposed civil liability under Section 154(5) of the said Act 2003 and fixed liability to Rs.2,50,000/- as civil liability.

(2.) As per version of prosecution, on 21-7-2007 around 6.30 p,m., the Executive Engineer and Assistant Engineer, Chhattisgarh State Electricity Board, Kondatarai, District Raigarh went to village Kotmara for inspection whereas it is alleged that the appellant was running Haler Mill after having connection by hooking wire in pole which was illegal. On the spot they seized the wire and other instruments and fastened liability of Rs.1,26,980/-. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant submits as under: