RAMNARAYAN MITHAILAL BIND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and orders dated 15.03.2007, 15.03.2007, 13.04.2007, 13.04.2007, 30.03.2007, 30.03.2007 & 30.03.2007 passed in Special Electricity Case Nos.25/2007, 26/2007, 32/2007, 33/2007, 34/2007, 35/2007 & 36/2007 respectively by the Learned Presiding Officer, Special Court, Surat recording conviction of the appellants-accused for the alleged offence under the provisions of the Electricity Act, 2003 and imposing sentence mentioned in each judgment and order.

(2.) It is the case of the prosecution that on 07.08.2006, when the appellants-accused were going in a rickshaw with muddamal articles (stolen goods), the Police had intercepted and checked the said rickshaw. Upon making search, it was revealed that there was stolen muddamal lying in the rickshaw, to which, the accused failed to give any explanation with regard to the same. It is also found that on or about 12.06.2006 at Village : Lingad, Taluka : Palsana, District : Surat and other places, the offence of theft was committed by the present accused persons with the aid and abetment of each other, for which, offence has been registered At G.E.B. Police Station on 14.06.2006, which has been referred in these cases. However, when the appellants-accused were caught in the present checking and were not able to give any explanation with regard to muddamal recovered from the rickshaw, investigation was carried out, for which, one of the complaint at Exh.14-A was given by K.B. Tamboli (Complainant), P.W.No.1.

(3.) Thereafter, on the basis of the complaint, the investigation was made and after the investigation was over, the chargesheet came to be submitted before the Special Court. Thereafter, the Learned Special Judge framed the charge against the accused for the alleged offences and proceeded with the trial.