AMARSHIBHAI HARIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 15.12.2008 passed by the learned Special Judge, Fast Track Court no. 1, Surendranagar in Special Electricity Act Case No. 48/2008, whereby, the learned Judge has convicted the appellant under sec. 135 of the Indian Electricity Act, 2003, and sentenced to undergo R/I for 2 years and to pay a fine of Rs. 3,60,000/-, in default, to undergo further R/I for one year, which is impugned in this appeal.

(2.) THE brief facts of the prosecution case is as under:

(3.) THEREAFTER, the charge was framed at Ex. 6 against the appellant. The appellant accused has pleaded not guilty and claimed to be tried.