SHEO NANDAN JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Sheo Nandan Jaiswal has preferred this revision against the judgment and order dated 29-1-1985 of Shri Radha Kant, XII Additional Sessions Judge, Kanpur (M. A.) dismissing Criminal Appeal No. 80/m/84 against the judgment and order dated 17-7-1984 of Sri S. P. Singh, Metropolitan Magistrate, Cor poration, Kanpur convicting the applicant under Section 39/40 and 44 Electricity Act and sentencing him to 3 months' R. I. and a fine of Rs. 500/-on the first count and a fine of Rs. 300/-on the second count.

(2.) THE prosecution case is that on 23-11-1980 at about 8. 30 the applicant's premises No. 60/2, Purani Dal Mandi within the jurisdiction of P. S. Collector-ganj, Kanpur was inspected by Sri Hridaya Narain Nigam and it was found that the applicant was running some electric motor in his Plastic Cutter Plant and the Dal Mill by taking direct connection with service line and bulbs were also lighted there. THE applicant denied his guilt at the trial.

(3.) I have also considered the point of sentence. The offence in question was committed more than 20 years ago and to be more precise on 23-11-1980. The ap plicant is an elderly person and in his af fidavit dated 4-2-1985 he has mentioned his age as 55 years. The applicant must be now nearing 70 years of age. In view of this a lenient view may be taken in the matter of sentence by setting aside the sentence of imprisonment awarded to the applicant.