SUBASH MANDAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (Criminal Appeal under Section 374(2) Cr.P.C. against the Judgment dated 04/05/1999 made in Sc No.60 of 1998 on the file of the Court of Sessions Judge, Adilabad.) Subash Mandal-Sole accused in S.C.No.60 of 1998 on the file of the Sessions Judge, Adilabad had preferred the present Criminal Appeal.

(2.) The appellant-accused was found guilty for the offences under Section 304-II of the Indian Penal Code (IPC) and Section 39 of the Indian Electricity Act read with section 379 IPC and accordingly, the accused was sentenced to undergo Rigorous Imprisonment for a period of two years for the offence under Section 304-II IPC and three months for the offence under Section 39 of the Indian Electricity Act (hereinafter referred to in short as the Act) read with Section 379 IPC. Hence, the present criminal appeal.

(3.) Sri. H. Venugopal, learned Counsel representing the appellant had taken this Court through the finding recorded by the learned Judge and would contend that the findings cannot be sustained for the reason that none of the ingredients of the offence with which the accused had been charged with has been established by the prosecution. The learned Counsel also would submit that even otherwise for the offence under Section 39 of the Indian Electricity Act, the prosecution would be initiated only by the competent persons as specified in Section 50 of the Act and hence, on the ground of incompetence alone, the acquittal may have to be recorded. The learned Counsel also placed strong reliance on the decision of the Apex Court in Avtar Singh Vs. State of Punjab (AIR 1965 SC 666). The learned Counsel also had taken this Court through the evidence available on record and had pointed out Exs.P2 and P5-relevant portions of 161 Cr.P.C. statements of P.Ws.3 and 5 respectively.