RUDRA DUTT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision against the judgment and order dated 20-1-1983 passed by Sri R. N. Sinha, the then 1st Additional Sessions Judge, Mainpuri in Criminal Appeal No. 12 of 1982 (Rudra Dutt v. State) Whereby, he dismissed the appeal and upheld the conviction of the accused-revisionist Rudra Dutt for the offences under Section 379 I.P.C. read with Section 39 of the Indian Electricity Act and has sentenced him to R.I. for period of 6 months and a fine of Rs. 100/-.

(2.) Raid was made by a party belonging to the hydel department at a house in village Vasudevamayee P.S. Shikohabad on 28-7-1979, that the raiding party found that the accused- revisionist Rudra Dutt had taken illegal connection from the main line and was using electricity in his house and that on seeing the raiding party, the accused revisionist ran away from the village taking the electric wire with him which was the instrument for stealing the electrical energy from the main.

(3.) The prosecution examinee, name of witnesses before the trial court and the trial court accepted the prosecution story and rejected the alibi set up by the accused-revisionist and the appellate court agreed with the findings of the learned magistrate.