T N E B Vs. A MANI

JUDGEMENT

(1.) The prosecution witness No. 1 Tamil Nadu Electricity Board represented by its Asst. Executive Engineer/Operation and Maintenance, Town, Arcot, Vellore Dt. has preferred the revision aggrieved against the judgment of acquittal in C.C.No. 38/98 on the file of Jm-cum-DM., Arcot, dated 15-9-98.

(2.) The case in brief is as follows:- There is Rice Mill in Door No. 23, Eswaran Koil Street, Arcot and belonged to one Mani Mudaliar. Service Connection No. 3797 stood in the name of the father of the accused. On 20-3-91 at about 1.00 p.m., P.Ws. 1 to 3 Engineers working in the Electricity Board went to the Rice Mill and Inspected the Service Connection. They suspected that there was tampering of the seal in the meter. When they inspected the meter, the Mill Driver Srinivasan was present. P.Ws. 1 to 3 noticed that there was tampering of the seals and report Ex.P-2 was also prepared. The meter was originally tested on 24-9-84 and fixed on 24-11-84. Ex.P-3 is the meter cap slip. Ex.P-4 is the green card. P.W. 2 also recorded a statement from the said Srinivasan. P.W. 3 handed over the sample seals and they are M.O.I (series). The seals in the meter on the right and left side also completely varied. P.W. 1 gave a complaint in the Police Station under Ex.P-5. The Sub-Inspector of Police inspected the place, arranged to take photographs and also recovered the board as well as fuse carriers M.O. 3 (series) with the meter. The consumer was using 25 HP Motor and the reading in the meter was 26593 units. They have consumed about 44447 units and they were not recorded in the meter and the Electricity Board had sustained loss to the extent of Rs. 2,13,350/-. After the death of Annamalai Mudaliar the Mill is under the possession and enjoyment of the accused. Ex.P-8 is the Memo of calculation prepared by the Board.

(3.) P.Ws. 4 and 5 are the Village Officials and they stated that they accompanied the Police to the Rice Mill and they were also present when the Observation Mahazar and other magazars were prepared and they have also singed in the mahazars. P.W. 6 Dineshkumar stated that on the direction of the Police he took photographs of the places pointed out by the Police. P.W. 7 Sub- Inspector of Police examined the witnesses and gave a requisition to the Court to send the properties for examination and after receiving the report and after completing the investigation filed the charge-sheet.