PRAKASH CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment dated 17.7.2007 passed by ASJ, Ambah, District Morena (MP) in Cr. A. No.36/2007 whereby the judgment dated 31.1.2007 passed by JMFC, Ambah in Criminal Case No.612/2006 whereby the petitioner was convicted for the offence punishable under section 39 of the Electricity Act by sentencing him to undergo 1 year R1 and fine of Rs.500.00, was confirmed, present revision petition has been filed.

(2.) Case of the prosecution was that the petitioner was committing theft of electricity illegally. The matter was reported to the police station and the investigating agency after completing all due formalities filed the challan before the court below. After framing of charges and also after recording of evidence the offence was found proved and petitioner was convicted as stated hereinabove. An appeal was preferred against that judgment which was dismissed, hence this revision petition.

(3.) In alternative learned counsel submits that petitioner was in jail w.e.f. 17.7.2007 and the jail sentence was suspended by this Court vide order dated 22.8.2007. It is submitted that the petitioner is a poor person. It is submitted that the petitioner has already deposited Rs.57,000.00 which is amount of energy. The petitioner has closed the flour mill. It is submitted that looking to the nature of offence and the fact that petitioner has already served substantive part of jail sentence, the same may be reduced to the period already undergone and the amount of fine may reasonably be enhanced.