JAGDISHBHAI BHAGWANBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed by the original accused challenging the judgement and order dated 14.8.2007 passed by learned Special Judge, Fast Track Court No.1, Surendranagar in Special Electricity Case No. 63/2007.

(2.) As per charge exh.7, it was alleged against the appellant that on 24.1.2006 at about 11 O' clock, raiding party of Gujarat Electricity Board raided the field of the appellant at Sadla village. It was found that from the overhanging electricity line passing from near the field of the appellant, he had unauthorisedly taken temporary connection and drawn electric supply to run electric motor of 30 horse powers. With the help of such power supply, he was irrigating his field. He had by unauthorised use of electricity caused theft of electric supply to the tune of Rs.1,42,633/- and had thereby committed offence punishable under Section 135 of the Electricity Act, 2003.

(3.) Narsibhai Govindbhai Sarsavadiya-PW1 was examined at exh.10. He was the Deputy Engineer engaged by Paschim Gujarat Vij Corporation ltd. At the relevant time, he was discharging his duties in Surendranagar city, division no.1. In his deposition, he stated that on 24.1.2006, he received instructions from the head office to carry out checking in Muli subdivision. He along with Junior Engineer D.A. Chaudhary, Line man K.V. Dave and Helper A.U. Adhara went to Sadla village in Muli taluka. They carried out the inspection in the field of the appellant. The appellant at that time was not present. His partner however, was present. He refused to disclose his name. Upon checking it was found that though the appellant was not given electricity connection by the Company, he had taken illegal connection with the help of 30 mtr. long wire connected to L.T. Line. He was running two motors of 15 horse powers each. It was found that with the help of hooks attached to the wire, his motor starter which are located in the house were connected to the electric supply. These starters were connected to two submersible pump of 15 horse powers each. Witness therefore, prepared a checking sheet which contained his signatures and signatures of D.A. Chaudhary, K.V. Dave and A.U. Adhara.