ABDUL AZIZ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order No.6 dated 25.02.2004 passed by the learned Additional Sessions Judge, 4th Court, Barasat, North 24 Parganas, in Criminal Appeal No.30/2001, whereby the learned Court was pleased to dismiss the appeal and affirm the judgement and order of conviction and sentence passed by the learned SDJM, Barasat in G.R. case No.468/92, (T.R. Case No.1935/92). The learned SDJM, Barasat, on conclusion of trial after appreciation of evidence by the said judgement dated 25.02.2004 was pleased to hold the petitioners guilty for commission of offence punishable under Section 39 of the Indian Electricity Act, 1910 and accordingly convicted them and sentenced them to suffer simple imprisonment for 1 (one) year and to pay fine of Rs.1,000/- (one thousand) each i.d. to suffer simple imprisonment for another 1 (one) month.

(2.) The prosecution case was initiated on the basis of a complaint lodged by D. Sen Assistant Engineer, Barasat (Sub Division) with the Officer-in-charge of Deganga Police Station to the effect that on 19.03.1992 at about 14:00 hours, the complainant along with the Station Superintendent and sramik held inspection at the shop of Abdul Aziz and Zakir Hossain and found them abstracting, consuming and using electric energy dishonestly from the overhead three phase L.T. line situated at Jibanpore Bazar, Kuti Para by using 25 HP motor for saw mill causing loss of revenue to the tune of Rs.5,000/- (five thousand) per annum in committing such dishonest abstraction, consumption or use of electric energy as above mentioned. The accused persons used 7 Swg AAC about 6 ft. with solid tapping arrangement. The complainant further alleges that the act of the accused persons also amounted to mischief with the Board properties as enunciated in Section 3(2a) of Act III/84 and as such lawful action may be taken against the accused person under the aforesaid sections.

(3.) On the basis of the aforesaid complaint Deganga Police Station registered a case being Deganga P.S. Case No.48 dated 19.03.1992 under Section 39 of the Indian Electricity Act.