STATE OF M P Vs. SHIROMANI ALIAS SOBARAN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 30.1.1997 passed by JMFC, Jatara, District Tikamgarh whereby the respondent was acquitted from the charges of offences punishable under Sections 294, 506-B of I.P.C and Section 379 of I.P.C read with Section 39 of the Indian Electricity Act, 1939.

(2.) PROSECUTION's case in short is that on 1.5.1995 at about 1.30 pm, R.A. Mishra (P.W.1) Junior Engineer of MPEB went to the Village Kachhyaguda, Police Station Ladhora, District Tikamgarh to examine the electric connection of the respondent. At about 1.30 p.m it was found that the respondent was running a thresher with the help of a direct wiring from L.T line. He did not take any connection from MPEB and no meter was found in that connection. 3-4 bags of wheat were found prepared by help of that thresher. Shri Mishra prepared a Panchanama (Ex.P/2) at the spot and seized a motor, starter and wires etc. A siezure memo Ex.P/1 was prepared. Thereafter, a complaint was made to the SHO, Police Station Lidhora. It was also mentioned in the report that the respondent abused him with obscene words and threatened him. The case was registered at crime no.69 of 1995 by the Police and after due investigation a charge sheet was filed before the trial Court.

(3.) I have heard learned counsel for the parties.