STATE OF GUJARAT Vs. BHARATBHAI MOHANBHAI PATEL

JUDGEMENT

(1.) BY way of this appeal, the appellant -State has challenged the judgment and order of the learned JMFC, Karjan (for short, the trial Court), dated 30.08.2002 rendered in Criminal Case No. 1157 of 1999, whereby the learned trial Court acquitted the original accused the Respondent herein of the charge under Section 39 of the Electricity Act, 1910 (the Act, for short).

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court are that the original complainant along with other staff members went to village Karmadi for carrying out checking and at that point of time, they found Rajendrabhai Prabhudas Patel, Vitthal Bhaijibhai Patel, Vitthalbhai Ranchhodbhai Patel, Bharatbhai Mohanbhai Patel (the original accused -Respondent herein) and Govindbhai Maganbhai Patel committing the theft of electricity. Hence, the complainant lodged the complaint in question. On registration of the offence, police carried out the investigation and on finding sufficient evidence, filed a charge -sheet against the accused.

(3.) AT the time of trial, the prosecution, in support of its case, examined nine witnesses.