PRAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 08/05/2012 This appeal has been preferred against the judgment dated 31/12/2008 passed by Special Judge (Electricity) Raisen in Special Case No. 199/2007 convicting the appellants under section 379 IPC read with section 136 of Electricity Act 2003 and sentenced to 6 months R.I and with fine of Rs.1000/-.

(2.) FACTS of the case in short are that in the intervening night of 2/3-07-2007 from Village- Sadalatpur, information has been received that transformer from the field of Habib Mohd (PW-1) have been stolen. Makanlal, Lineman (PW-2) informed the incident to Sharad Chandra Banchode, Assistant Engineer (PW- 3) who submitted a written report Ex.P-9 at Police Station- Raisen regarding theft of transformer. On the basis of which FIR Ex.P-11 was registered at Crime No. 313/2007 under section 379 IPC read with section 136 of Electricity Act 2003 against unknown persons. Police prepared Spot Map Ex.P-10 and also made seizure memo Ex.P-8 of the cover of the transformer on the spot. Police Station Raisen submitted a charge sheet against the appellants. Trial Court framed charges under section 379 IPC read with Section 136, Electricity Act against the appellants. Appellants abjured guilt. To substantiate case of the prosecution, statements of Habib Mohd. (PW-1), Makanlal Pawar, Lineman (PW-2), Sharad Chandra Banchode, Assistant Engineer (PW-3), and T.P Tripathi, ASI (PW-4) were recorded. . Defence of the appellants in trial court was that of false implication.

(3.) MAKANLAL, Lineman (PW-2) stated appellants were arrested on 30/07/2007 and on the basis of the information furnished by them, police made recovery. T.P Tripathi, ASI (PW-4) stated that . on the basis of information furnished by the appellants, copper wire has been recovered from Kabad shop.