BAPUPURI Vs. MADHYA PRADESH VIDYUT VITRAN COMPANY LTD

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 156 of the electricity Act 2003 (For short 'the Act') read with Section 374 of the Code of criminal Procedure (For short 'the Code') against the judgment dated 15-12-07 passed by the learned Addl. Sessions Judge (Special Judge, Biaora District rajgarh) in Special Case No. 267/06, thereby holding the appellant guilty for the offence under Section 135 of the Act, convicted and sentenced him to pay Rs. 8,445/- fine and in default of payment of fine to suffer additional S. I. for six months and also fixed civil liability as per provision under Section 154 (5) of the act.

(2.) ON inspection by the Junior Engineer Shri D. L. Koshtha (CW-1) of m. P. Electricity Supply Company accompanied by helper Motilal on 16-02-06, found that near the bank of Parvati river in village Kanarkhedi, the accused was irrigating his field by 5 HP Motor Pump by taking electricity directly from Lower tension line. Appellant had not taken any regular electric connection. His regular electricity connection was disconnected due to non-payment of electricity bill on 19-01-2006. Shri Koshtha prepared a Panchnama Exh. P/1. Appellant did not sign on the Panchnama, therefore, he filed a complaint in the court after assessing loss/theft of electricity.

(3.) APPELLANT denied the allegations levelled against him and claimed trial.