IMRAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 29/12/2008 passed by Special Judge (Electricity) Raisen in Special Case No. 197/2007 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 on intervening night of 12/13-07-2007 from a road side transformer installed by Electricity Department in Village- Sadalatpur, parts of transformer have been stolen by unknown persons.

(3.) On the basis of information furnished by Makanlal, Lineman (PW-1), Sharad Chandra Banchode, Assistant Engineer (PW-3) submitted a written report at Police Station- Raisen. During investigation Spot Map was prepared and on 30/07/2007 appellants were arrested and stolen parts of transformer were recovered from their possession. Police Raisen submitted 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 Makanlal Pawar, Lineman (PW-1), Habib Mohd. (PW-2),Sharad Chandra Banchode, Assistant Engineer (PW-3), and T.P. Tripathi, ASI (PW-4) were recorded.