PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the impugned Judgment and order of conviction and resultant sentence passed by the learned Additional Sessions Judge, Jalna, in Special Case (Elec.) No.11 of 2006 for the offence punishable under Section 135 of the Electricity Act, 2003 (for short "Act of 2003"). The appellants are convicted for the offence punishable under Section 135 of the Act of 2003 and they are sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 5000/- i/d to suffer simple imprisonment for one and half months.

(2.) Being dissatisfied by the impugned findings of conviction and resultant sentence, the appellants taking recourse of Section 374 of the Code of Criminal Procedure (for short "Cr.P.C.") preferred the present appeal. It is worth to mention that, pending the appeal, appellant No. 1-Pandit Muktaji Pokharkar, passed away. Therefore, present proceedings of appeal came to be abated to the extent of appellant No. 1, following his death pending appeal. Now, the present appeal came to be entertained to the extent of grievance propounded on behalf of appellant No. 2- Bhausaheb Ambadas Karke only.

(3.) It has been alleged on behalf of prosecution that, on 26-10-2005 in the noon hours at about 3.15 p.m., the members of flying squad of Maharashtra State Electricity Distribution Company Ltd. (for short "MSEDCL") Ambad Rural visited to the village namely Math Jalgaon, Tq. Ambad, District Jalna to detect activities of mischief of theft of electricity. It has been alleged that members of flying squad spotted the mischief of theft of electricity by the appellant for domestic purpose by putting the hook on the live cable of MSEDCL. Thereafter, the members of flying squad inspected the residential house of appellant and calculated the cost of electric energy stolen by the appellant. It was revealed that appellant - Bhausaheb Karke committed theft of electrical energy worth Rs. 2592/- by putting hook on live cable of MSEDCL. The members of flying squad seized the hook and cable used for theft of the electricity. The panchnama was drawn in presence of panchas.