NAGENDRA SINGH @ BABLU Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 39 of the Electricity Act vide judgment dated 7.12.2006 passed by the JMFC, Teothar, District Rewa (Shri C.M.Upadhyay) in criminal case No.1463/1998 and sentenced for 1 year's rigorous imprisonment with fine of Rs.2,000/-. In criminal appeal No.5/2007, the learned Fourth Additional Sessions Judge, Rewa vide judgment dated 21.5.2008 dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision. Criminal Revision No.550 of 2010

(2.) The prosecution's case in short, is that, on 11.9.1996, J.E. Shri Anwar Ahmed, Assistant Engineer Shri C.M.Tiwari (P.W.7) and other linemen etc. went to check the flour mill of the applicant, situated at village Dugdaiya (Police Station Jawa, District Rewa). It was found that by taking a direct line from the MPEB pole, the applicant was running a flour mill. When the officers of MPEB tried to enter inside the flour mill, the applicant pushed them out and locked the room and ran away. Helper Gangadeen Verma (P.W.6) submitted a written report, Ex.P/5, whereas a written report, Ex.P/6 was submitted by J.E. Shri Anwar Ahmed and therefore, a case was registered by the police. After due investigation, a charge-sheet was filed before the trial Court.

(3.) The applicant abjured his guilt. He did not take any specific plea. However, he has stated that he was innocent. No defence evidence was adduced.