(1.) THE appellants have preferred this appeal against the judgment dated 21.9.2006 passed by learned Special Judge under Electricity Act, 2003, Sidhi in Special case No.16/2005, whereby the appellants were convicted for offence punishable under section 137 of Electricity Act, 2003 (hereinafter it will be referred to as 'The Act') and sentenced for one year's rigorous imprisonment with fine of Rs.5,000/- against each of them. In default of payment of fine, each of them has to further undergo rigorous imprisonment for six months'.
(2.) PROSECUTION's case, in short, is that, on 22.1.2005. Assistant Engineer Shri Vinod Rai (P.W.2) from MPSEB, Morwa, District Sidhi had submitted a report, Ex.P/1 to the SHO, Police Station Morwa that on 21.1.2005 at about 6.15 p.m. in the evening, some unknown persons had stolen 48 square mm wire having length of one km. costing Rs.35,000/-. Head Constable Makardhwaj Singh (P.W.1) had registered a case by FIR, Ex.P/2 on the same very day and thereafter, investigation was started. The appellants were taken into the custody and on 1.2.2005, it was found that aluminum wire was kept by them near a railway bridge and thereafter, police could seize pieces of wire costing Rs.5,000/- from each of the appellants. After due investigation, a charge-sheet was submitted before JMFC, Waidhan. The case was transferred to Special Judge under Electricity Act thereafter.
(3.) DURING the pendency of this appeal, the appellant No.2 Rohit Baiga was released from jail as he has already completed his sentence and therefore, appeal filed by the appellant No.1 Rohit Baiga turned infructuous.