TOTA RAM Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This Revision has been preferred against the order dated 9-9-1982 passed by the VII Additional Sessions Judge, Budaun, in Csiminal Appeal No. 65 of 1982 allowing Appeal in part. Maintaining the conviction under Section 370,i. P. C. read with Section 39/40 of the Electricity Act passed by the Judicial Magistrate, Budaun, in Criminal Case No. 689/81 but reducing the sentence from one year R. I. to six months R. I.

(2.) THERE was an allegation of committing theft of electricity by unlaw fully working the tubewell, rice machine and flour chakki by the accused revisionist on 12-1-1978. The allegation is that due to non- payment of the dues his electricity connection was disconnected on 15-12-1977 on inspection it was found that on 12-1-1978 he was running certain machines as aforesaid by consuming electricity and thereby committed offence under Section 379, I. P. C. read with Section 39/40 of the Electricity Act.

(3.) THE Revision is, therefore, allowed in part. THE conviction is main tained but the sentence is reduced to the period 'already undergone and a fine of Rs. 1000 (one thousand) be imposed. In default, he shall suffer R. I. for one month. THE fine is to be paid within two months from this date, other wise the trial court shall issue process for ensuring the attendance of the revisionist and to suffer consequences thereof. Revision allowed. .