AYYAPILLAI THONDAIMAN Vs. STATE

JUDGEMENT

(1.) The petitioner was accused 1 in C.C.No.128 of 1984, on the file of the Chief Judicial Magistrate, Tirunelveli. He and his son, arrayed as accused, 2, were prosecuted at the instance of the respondent for the alleged commission of an offence punishable under section 39 of the Indian Electricity Act read with Sec. 379 I.P.C. The trial Magistrate acquitted the second accused while he found the petitioner guilty of the charge and sentenced him to pay a fine of Rs. 2,000.00 in default to undergo 6 months rigorous imprisonment.

(2.) The petitioner who was aggrieved by the verdict of the trial Magistrate preferred criminal Appeal No.248 of 1985, before, the First Additional Sessions Judge, Tirunelveli. The learned appellate Judge concurring with the findings of the trial Magistrate confirmed the conviction and sentence.

(3.) In this revision, Mr. V. Gopinath, learned counsel appearing on behalf of the petitioner contended, that there is practically no evidence on record even remotely to connect the petitioner with the alleged theft of electricity. I have heard Mr. R. Shanmugasundaram, learned Government Advocate.