STATE Vs. SUBRAMANIAN NADAR

JUDGEMENT

(1.) This appeal is against acquittal.

(2.) The case of the prosecution is that the respondent was having service connection No. 379 in the village Kasturirenga- puram. It was disconnected on 9-4-1990 for nonpayment of consumption charges. It was not re-connected. But when it was inspected on 1-4-1991 by the Officers of the Electricity Board, it was found that connection was given illegally. Therefore, prosecution was launched against the respondent. 2A. The trial Court after going through the evidence on record acquitted this respondent of the all the charges. Against that the present appeal has been filed by the State.

(3.) P. W. 1 has clearly stated that Service Connection No. 379 was disconnected on 9- 4-1990. Thereafter, the Electricity Board did not give re-connection. On 1-4-1991, when the service connection was inspected, it was found that the connection was illegally reconnected, P. W. 2 also corroborates the, evidence of P. W. 1. Exs. P. 3 and P. 4 prove the fact of disconnection on 9-4-1990. In Ex. P. 4, it is further stated that in so far as the Service Connection No. 379 is concerned, even the cut-out was removed. From Ex. P. 2, Inspection Report, it is seen that service connection was found effected to the motor. But the trial Court acquitted the accused on the ground that the authorities did not follow the procedures laid down under Section 24 (1) of the Indian Electricity Act; secondly, the prosecution has not proved that electricity connection was given without the knowledge of the Electricity Board; thirdly, the photographs taken were not marked as evidence and finally, there is evidence for the conclusion that the accused filed civil suit against the department and for that reason, this case was foisted.