KALURAM Vs. STATE OF M P

JUDGEMENT

(1.) APPLICANT has preferred this revision against the appellate judgment dated 03. 11. 1998, passed by Sessions Judge, Raisen in criminal Appeal No. 115/97 whereby the conviction of the applicant under Section 379 of I. P. C. read with Section 39 of Indian Electricity act, 1910 recorded by Chief Judicial Magistrate, Raisen and the sentence passed on him are affirmed.

(2.) APPLICANT was tried for the offence under Section 379 of i. P. C. read with section 39 of Indian Electricity Act, 1910 (hereinafter to be referred as Electricity Act) before Chief Judicial Magistrate, raisen. As per prosecution allegations, on 05. 03. 93, at about 10. 30 at night, at Rajeev Gandhi Nagar, Junior Engineer, M. P. Electricity Board, city Supply, Raisen upon inspection found that applicant was committing theft of electricity by abstracting direct energy from the electricity line by means of a wire unauthorisedly put by him and was using television and electric bulbs. Junior Engineer Upendra Kumar kulshrestha, therefore, made a panchnama in front of the staff and the panch witnesses and seized the wire, bulbs etc. and made a written complainant of theft of electricity to the Station House officer, Raisen. On the basis of written report made by Junior Engineer, M. P. Electricity board, Raisen, an offence was registered against the applicant and was investigated. After due investigation, applicant was prosecuted under Section 379 of I. P. C. read with section 39 of the Electricity Act.

(3.) AFTER trial, Chief Judicial Magistrate, Raisen found the applicant guilty for committing theft of electricity and convicted him under section 379 of I. P. C. read with Section 39 of the Electricity Act and sentenced him to rigorous imprisonment for one year by judgment dated 03. 10. 97 passed in criminal case No. 230/93.