PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment and order dated 25-11-1985 passed by the 1st Additional Sessions Judge, Ujjain in Criminal appeal No. 56/85, whereby the petitioner's conviction under Section 39 of the electricity Act, 1910 (for short the Act') read with Section 379 of the Indian Penal Code has been maintained and only the sentence of fine has been reduced to Rs. 1000/- from rs. 1500/ -.

(2.) CIRCUMSTANCES giving rise to the petition are these. According to the prosecution on 15-3-1985 it was found that the well situate in the land belonging to daulal (P. W. 3) and in the cultivating possession of the petitioner was fitted with electric motor with necessary connections for unauthorisedly abstracting electric energy.

(3.) THE Assistant Engineer Krishnarao Vyas (P. W. 1) reported the occurrence to the Police for registration of a crime and for necessary action.