SHER SINGH Vs. RAJINDER SINGH AND OTHERS

JUDGEMENT

(1.) RESPONDENTS had faced trial qua commission of offence punishable under Section 379 of the Indian Penal Code, 1860 read with Section 39 of the Electricity Act, 2003. The Trial Court vide judgment dated 15.12.2010 acquitted the respondents of the charges framed against them. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to file appeal by the complainant. Case of the complainant, in brief, is that he was owner of Ambey Ice Factory. Electricity to the factory was disconnected about two years prior to occurrence and the said factory was lying closed. Complainant had purchased one generator to run the said ice factory. Accused in collusion with the owners of other ice factories had forcibly entered the premises of the complainant on 27.04.2001 and had taken away two motors with a view to cause loss to the complainant.

(2.) I have heard learned counsel for the applicant and have gone through the record available on file carefully.

(3.) ALTHOUGH son of the petitioner was acquitted in the criminal case registered against him but the fact remains that no attribution of intention to commit theft can be made to the respondents. At the time of raid, it was found that the factory was being run directly from the pole erected near the factory.