STATE OF M.P. Vs. BABUSINGH

JUDGEMENT

(1.) THE Respondent Babusingh was tried in Criminal Case No. 51/86 by the Judicial Magistrate First Class Ajaygarh for theft of electric energy and was charged Under Section 39 of the Indian Electricity Act, 1910 (for brevity, hereinafter referred to as the Act) read with Section 379 of the Indian Penal Code wherein he was acquitted by judgment and order dated 17.6.88 and against this acquittal, the present appeal was directed by the State of Madhya Pradesh after seeking leave from this Court.

(2.) THE brief facts of the case are that on 15.3.1986, Shri S.D. Khare, who was Divisional Engineer (Vigilance), Madhya Pradesh Electricity Board, Sagar, alongwith Assistant Engineer Shri, M.L. Arjaria, Shri R.K. Jain and Assistant Lineman Heera Bhaiyyalal and two police persons, reached the village Bhawanipur for making suprise checking where he found at the residence of Babusingh, the accused, without the electric connection having been obtained, a 10 H.P. electric motor was being run as well as the flour mill and the Huller, though no electricty consumption meter was installed there, the report of which was given to the Head Constable Ramsewak there in the village Bhawanipur itself, which was taking up as Dehati Nalishi No. 0/86 and subsequently sent to Police Station Dharampur where Crime No. 14/86 was registered against Babusingh.

(3.) HEARD Shri B.P. Athya, Panel Lawyer, the learned Counsel for the Appellant -State and Shri Siddharth Datt, the learned Counsel for the Respondent.