STATE Vs. PERIYA CHELLAMUTHU

JUDGEMENT

(1.) THE Criminal Appeal No. 751 of 2005 and Criminal Revision Case No. 329 of 2005 are preferred against the Judgment dated 31.3.2004, made in C.C.No. 328 of 2002 on the file of the Judicial Magistrate, Dharapuram.

(2.) THE brief facts of the case are as follows : On 8.5.2002 at about 11.45 p.m. the electric meter bearing S/F/No. 1726/5 in S.C. No. 115 relating to the poultry run by the respondents 1 to 4/accused, was found tampered with, by stopping the meter running, though consumption of electric energy was taken place. THE prosecution case is that by hanging the meter downwards, the respondents 2 to 4 illegally consumed electric power and thereby A1, A3 and A4 have committed an offence punishable under Sections 39(1), 44(1)(c) of Indian Electricity Act, 1910 (Tamil Nadu Amendment Act 1980) and A2 under Sections 353 and 201 I.P.C.

(3.) IT is not in dispute that the electricity service connection in S.F. No. 1726/5 in S.C.No. 115 relates to the poultry run by the respondents 1 to 4/accused herein. As per the complaint Ex. P4, given by P.W. 1, the then Assistant Executive Engineer of the Electricity Board of the Division, he had made a surprise inspection on 8.5.2002 at about 11.45 p.m. along with P.W.2 and others. When the service connection was being inspected, the meter box of the service connection was found hanging downwards from its original position and thereby the functioning of the meter had been temporarily stopped and while the meter was fixed on wall properly, the same was running in good condition. The aforesaid service connection is in the name of the first respondent/A1. According to the appellant there itself an observation mahazar was prepared and copy was given to the accused. But the second respondent/A2 refused to sign in the observation mahazar and the third respondent /A3 wife of the second respondent subsequently came to the seen of occurrence and fixed the meter properly on the wall, while it was hanging.