STATE Vs. ANNAMALAI COTTON MILLS LTD.

JUDGEMENT

(1.) THE State has preferred a criminal appeal against the acquittal of the accused by judgment dated 30.08.2007 passed by the learned Judicial Magistrate No. 6, Salem in C.C.No.143 of 2004 for the offence under sections 39(1) and 44(1)(c) of the Indian Electricity Act, 1910. The criminal revision has been filed by the Electricity Board against the acquittal of the accused by the judgment dated 30.08.2007 made in C.C.No.143 of 2004 passed by the learned Judicial Magistrate No.6, Salem.

(2.) THE appeal and the revision arise out of judgment of acquittal dated 30.8.2007 passed by the learned Judicial Magistrate, Salem, both are heard together and a common judgment is passed.

(3.) AFTER analysing the evidence placed on record, the trial Court held that the prosecution had failed to prove its case beyond all reasonable doubt and no reliance could be placed on the testimony of the prosecution witnesses. The trial Court referred to number of circumstances creating doubt on the credibility of the prosecution story and thus, passed the judgment of acquittal. As against the judgment of acquittal, the present appeal has been filed both by the State in Criminal Appeal No. 62 of 2010 and by the Tamil Nadu Electricity Board in Criminal Revision Case No. 1678/2007.