STATE OF GUJARAT Vs. HEMANTBHAI D. PATEL

JUDGEMENT

(1.) By way of this appeal, the appellant-State has challenged the judgment and order of the learned 4th J.M.F.C, Gandhinagar (for short, 'the trial Court'), Dated : 20.02.2004, rendered in Criminal Case No. 840 of 1996, whereby, the learned trial Court acquitted the original accused- the Respondent, herein, of the charges under Section 379 of the Indian Penal Code and Section 39 of the Indian Electricity Act, 1910. The brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant along with other co-employees went for checking to village Chhala (Kanpur), where, the accused-Respondent was found to be using the electricity by tempering with the electricity tine. Hence, a complaint came to be lodged against the accused. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a charge-sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(2.) Before the trial Court, the prosecution, in support of its case, examined five witnesses.

(3.) Apart from that the prosecution also produced several documents to strengthen its case, viz. the complaint, panchnama etc..