RAM SUBHAWAN Vs. STATE OF U P

JUDGEMENT

(1.) REVISIONISTS Ram Subhawan and Ram Shankar, sons of Jagai Verma, have been convicted for an offence under Section 39 of the Indian Electricity Act read with Section 379 I. P. C and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/- each, or in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) THE appeal against the conviction and sentence, recorded by the learned Magistrate, was dismissed by the Additional Sessions Judge, Faizabad.

(3.) THE prosecution case is that Ram Murat Lal, Avar Abhiyanta of Satarkata Adhisthan of the Electricity Department, received information of theft of electricity in the locality and consequently on 11. 10. 1979 at about 3. 45 P. M. he, along with his colleague R. P. Gupta (P. W. 3), Lineman Salig Ram (P. W. 4) and a police force consisting of S. I. Pauhari Singh P. W. 2, and a couple of constables Radhey Shyam Dubey and Girja Shankar Misra, made a raid of the premises of the revisionists. It was said that the revisionist left the spot while the revisionists' tube well was found running from which one Ram Sahai was drawing water for irrigation. At the revisionists' Oil Expeller, which was also electrically operated, one Sita Ram was present for getting the oil extracted from his mustard. It was found that the electric connection, for running these machines, was obtained by a wire placed on the main lines, without the intervening Electric Meter, which had earlier been disconnected on 18. 10. 1978 for non-payment of electricity dues amount to Rs. 4795. 79. The connecting wire was disconnected and taken into custody by the raiding party. Sri Ram Murat Lal lodged the F. I. R. of the incident on the same day at 6. 30 P. M. at the police station, on the basis of which the revisionists were prosecuted. Both the revisionists denied the prosecution case and stated that they had been falsely implicated due to enmity of the cousin brother Babu Ram who was an employee of the Hydel Department.