STATE OF MAHARASHTRA Vs. NANASO VITHAL DESAI

JUDGEMENT

(1.) The State of Maharashtra has challenged in this appeal judgment and order dated 30/9/94 passed by the Joint Judicial Magistrate, First Class, Patan in Criminal Case No. 113 of 1991. By the impugned judgment and order learned Magistrate acquitted the respondent of the offence punishable under Section 379 of Indian Penal Code ("I.P.C." for short).

(2.) Shortly stated the prosecution story is that the respondent (hereinafter referred to as "the accused") is the resident of village Paparde. He is the Sarpanch of the said village. He is residing their with his parents. As he had defaulted in making payment to the Maharashtra State Electricity Board ("MSEB" for short), for consumption of electricity, the MSEB had disconnected his electric connection. Therefore, the accused had taken electric connection unauthorizedly from the meter fixed in the temple of Vithal Rakhumai. He had consumed electric energy of Rs.400/- unauthorizedly during the period July 1990 to 31/9/91.

(3.) One Atmaram Tukaram Desai, a villager had informed this to the office of the MSEB at Patan. After receiving this information Jr. Engineer of MSEB Algonda Kalgonda Patne and Asstt. Engineer Srikrishna Vishnu Ponkshe visited the spot immediately and confirmed the fact. Thereafter Asstt. Engineer Srikrishna Vishnu Ponkshe approached the Police Station and lodged his complaint against the accused. Crime was registered with Patan Police Station being C.R. No. 81/91 under Section 379 of the I.P.C. The police drew spot panchnama and seized electric wire used for consuming energy and after completion of the investigation filed chargesheet against the accused.