STATE OF M P Vs. GANESH

JUDGEMENT

(1.) Appellant/State has preferred this appeal against the order of acquittal of Respondent under Section 379 of IPC read with Section 39 of the Indian Electricity Act, 1910, passed by Judicial Magistrate First Class, Seoni in Criminal Case No. 142/91, decided on 17.4.95.

(2.) According to prosecution, on 21.4.90 about 11:30 at night at village Marjhor, District Seoni, Mohd. Ayub Ali, Junior Engineer of M.P. Electricity Board, Seoni (Gramin), upon inspection found that Respondent Ganesh was committing theft of electricity by illegally abstracting direct energy from the main line by means of a wire unauthorizedly put by him and using electricity bulbs at his house. Junior Engineer Mohd. Ayub Ali made a panchnama in front of village Kotwar and panch witnesses and seized the electric wire measuring 60 ft., switch, bulb, holder and adapter etc. from his house and made a written complaint to the Station House Officer of Police Station Lakhanwada. On the basis of report of Junior Engineer of M.P. Electricity Board, Seoni, an offence was registered against the Respondent and was investigated. Electrical appliances seized by Junior Engineer Mohd. Ayub Ali from the house of Respondent were also seized by the Police. After due investigation, Respondent was prosecuted under Section 379 of IPC read with Section 39 of the Indian Electricity Act and was put to trial before Judicial Magistrate First Class, Seoni.

(3.) Respondent Ganesh denied the charges framed against him under Section 379 of IPC read with Section 39 of the Indian Electricity Act (hereinafter referred to as 'Electricity Act') and pleaded false implication.