RAM DHARI Vs. STATE

JUDGEMENT

(1.) This petition and the other four petitions SCA 56 of 73 in Crl. Appeal 46 of 1967, SCA 57 of 73 in Crl. A. 48 of 1967, SCA 59 of 1973 in Crl. A. 47 of 1967 and SCA 60 of 1973 in Crl. A. 45 of 1967, raise a common question of law. It would be appropriate to dispose them of by a common order. For the purposes of this order the facts of Criminal Appeal No. 44 of 1967 are being taken.

(2.) By this application under Article 134 of the Constitution of India the petitioner has prayed for the grant of a certificate for leave to appeal to the Supreme Court.

(3.) The main contention advanced by the learned counsel for the petitioner was that electricity could not be said to be 'property' within the meaning of section 22 of the Indian Penal Code. The conviction of the petitioner under section 420 Indian Penal Code . accordingly was not proper and could not be sustained under the said section. In support of the contention reliance was placed on Avtar Singh v. The State of Punjab (A.I.R. 1965 Supreme Court 666). In that case the appellant was convicted under section 378 of the Indian Penal Code . of having committed theft of electricity, as per provisions of section 39 of the Indian Electricity. Act 1910. It would be relevant here to reproduce the aforesaid section, which is as follows :-