SADHAN BAIDYA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned counsel for the parties including the learned public prosecutor, State of Tripura.

(2.) THE legality and correctness of the judgment dated 05. 03. 1999 passed by the learned Addl. Sessions Judge, Belonia, South Tripura, in Criminal Appeal No. 4 (1) 99 upholding and confirming the judgment and order dated 23. 12. 1998 passed by the learned Sub-Divisional Judicial Magistrate, Belonia in connection with Case No. G. R. 63/97 convicting the petitioners under Section 379 I. P. C. and thereby sentencing them to undergo rigorous imprisonment for 6 (six) months on the allegation of commission of theft of electricity, an offence governed by the Indian Electricity Act, 1910 (for short, 'the Act'), has been questioned in this revision petition filed on 17. 05. 1999 prior to coming into force of the Indian Electricity Act, 2003.

(3.) ASSAILING the impugned judgments, the learned counsel appearing for the petitioners has forcefully submitted that both the Courts below, i. e. , the trial Court as well as the appellate Court committed a grave error of law in convicting and sentencing the petitioners under Section 379 IPC when the alleged offence was governed by a separate and specific law in nature of the Act.