PATEL KHETABHAI LAGDHIRBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Present Conviction Appeal Has Been Filed by the appellant original accused under Section 374 Cr. P.C., against the Judgment and order dated 30.8.2011 rendered by the learned Fifth Ad-hoc Additional Sessions/Special Judge, Palanpur, in Special Case (Electricity) No.72 of 2010. The said case was registered against the present appellant original accused for the offence punishable under Section 135(1)(A) of the Electricity Act. The appellant is sentenced to undergo R.I. for 06 months and fine of Rs.27,474/-, in default, R.I. for 02 months for the offence punishable under Sections 135(1)(A) of the Electricity Act.

(2.) According to the prosecution case, on 5.2.2008 one Asharam Ramshanker Yadav, Uttar Gujarat Vij Company Ltd., Bhabhar subdivision and one Mahendrakumar Amrutlal, Assistant Lineman had gone to Village Jasanwada for inspection of electricity theft. At that time, it was alleged that in the house of the appellant one L.T.Line was passing in which the theft of electricity was committed by connecting 1/18 black wire. It was further alleged in the complaint that at that time the appellant was not present in the house and wife of the appellant alleged to have denied signing in the rojkam. Thereafter the same facts were presented before one, Rakeshkumar Manubhai Vasava, Deputy Engineer, U.G.V.C.Ltd., Bhabhar. As per the formula of A.B.C.D. calculation was made and a bill of Rs.9,157.72 was sent to the applicant alongwith the demand notice of paying the aforesaid bill. Due to non-payment of the aforesaid bill the complaint came to be filed.

(3.) Thereafter, investigation was carried out and statements of several witnesses were recorded.