KHAJA MOINUDDIN Vs. STATE OF A P

JUDGEMENT

(1.) The appellant, who was convicted under Sections 39 and 44 of Indian Electricity Act, 1910 (for short 'the Act') and sentenced to rigorous imprisonment for two years and a fine of Rs.5,000/- in default simple imprisonment for three months, preferred this appeal.

(2.) The case of the prosecution is that on 19.10.1997 Assistant Engineer, A.P.S.E.B, Medak (P.W.1), Lineman, APSEB, Narsapur (P.W.2), Assistant Divisional Engineer, DEP-I, Eluru (P.W.6) and the Assistant Divisional Engineer, DEP-I, Vijayawada (P.W.7) surprised the premises of P.W.3, who is the owner of the Flour Mill, also during their inspection of several industrial establishments for detecting pilferage of energy, and found that the meter in the premises of P.W.3 was not working in 'Y' Phase, and they opened the meter terminal cover seal and observed that 'Y' Phase wire was by-passed with 1/18 gaze winding wire and that 'Y' Phase fuse wire was not provided in cut-out, and so the meter was not rotating in 'Y' Phase, and so the by-pass winding wire was removed and seized in the presence of P.W.3 and the appellant, and after preparation of Ex.P.1 - inspection notes they obtained the signatures of P.W.3 and the appellant thereon. Thereafter the loss sustained by the department was assessed Rs.1,93,950/-. So, P.W.7 sent Ex.P.4 report to the Assistant Divisional Engineer (Operations), Sangareddy, who in turn sent Ex.P.5 complaint to the Inspector, APTS, Sangareddy.

(3.) During the course of inspection, as the Investigating Officer came to know that P.W.3 leased out his Flour Mill to his operator, the appellant, for a period of 11 months from 1.8.1997 to 31.7.1998 under Ex.P.2, which was attested by P.Ws.4, 5 and others, the appellant was charge-sheeted for offences under Sections 39 and 44 of the Act.