K DURAI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgement passed by the learned Sessions Judge, Cuddalore in S.C.No.45 of 2010, dated 11.11.2011.

(2.) The appellant was tried for found in possession of 4 kg of aluminium of Electricity board. Which is an offence under section 136(1)(a) of the Indian Electricity Act. The trial court found the appellant guilty of the said charge and he was sentenced to undergo one year rigorous imprisonment.

(3.) The case of the prosecution is that, Karthikeyan (PW-3) of Melkavarapattu, Panruti have agricultural land at Melkavarapattu village. On 02.02.2004, when he went to his land to irrigate, found the motor not functioning. On verifying, he found 4 lines of electrical wire cut and hanging. This was informed to the Lineman. Arumugam (PW-2) the Lineman went to the spot and found aluminium wire has been stolen. Hence, intimated it to the Foreman - Dhanapal. Both Arumugam and Dhanapal went to the office of the Junior Electrical Engineer of TNEB at Kozhipakkam, Cuddalore and preferred complaint to PW-1 - Chandran Junior Electrical Engineer about the theft of aluminium wire from the Kavarapattu S-1 transformer.