STATE OF MAHARASHTRA Vs. BASAVRAJ SIDRAMAPPA KANDALGAONKAR

JUDGEMENT

(1.) By this appeal, the State is challenging the judgment and order dated 27th Feb., 2002 passed by the Judicial Magistrate First Class No. 3, Solapur, in R.C.C. No. 117 of 1998 thereby acquitting respondent for the offence punishable under Sections 420, 511, 427 of Indian Penal Code and Sections 39, 44 and 56 punishable under Sec. 138 of the Indian Electricity Act.

(2.) Brief facts of appeal can be stated as follows :

(3.) Accordingly a trap was arranged by P.W.1 Birajdar with the assistance of his superior officer and also P.W.2 Abhimanyu Deokar Assistant Engineer working with M.S.E.B. Police help was also sought. On that day, they visited the premises of P.W. 7 Yedur at 6.30 a.m. There, they trapped respondent while breaking open the seals of the electric meter installed in the factory premises of P.W.7 Yedur and thereby reducing the meter reading and actual consumption. P.W. 1 Birajdar clicked photographs while respondent was breaking open the seals and reducing the meter reading. Respondent was caught raid handed and from his possession various articles used for breaking open the seals and reducing consumption were seized under panchnama. The statement of respondent also came to be recorded in which he admitted the commission of such act. Then P.W. 1 Birajdar, took respondent and seized articles to Jail Road police station and there lodged complaint Exh. 27 against respondent.