SALIL KHANA Vs. STATE OF U.T

JUDGEMENT

(1.) Prayer made in the instant petition is for setting aside the judgment and order of sentence dtd. 19/5/2006 passed by the trial Court vide which the petitioner was directed to pay a fine of Rs.1,000.00 and in default of payment of fine, to undergo simple imprisonment for one month as well as the judgment dtd. 24/5/2016 passed by the lower appellate Court vide which the appeal filed by the petitioner was dismissed.

(2.) Brief facts of the case are that on 2/6/2004 Sub Divisional Officer (OP), Sub Division No.10, Sector 40-A, Chandigarh informed the Investigating Officer to reach at the spot, i.e. House No.295, Sector 40-A, Chandigarh. On reaching at the spot, the Sub Divisional Officer (Electricity Operation), Sub Division No.10 lodged a complaint against the residents of House No.295, Sector 40-A, Chandgiarh with the allegations that they are using electricity supply by using unfair means, i.e. steeling the electricity by by-passing the metering equipment. On receiving the said complaint, SI Amarjit Singh visited the house and found that the petitioner Salil Khanna was consuming the electricity by installing PVC cable-wire connected with direct supply to the meter. Thereafter, the FIR was registered and during the investigation, the cable-wire and other things, which were installed by the petitioner, were taken into possession and challan under Sec. 379 IPC read with Sec. 39 of the Electricity Act was submitted.

(3.) The the trial Court recorded the statement of PW1 Dharam Singh, SDO-complainant who supported the prosecution version and deposed that he has given the complaint to the police Ex.PW1/A and vide memo Ex.PW1/C, the electric wire was taken in possession as well as the electric wire was produced as Ex.PW1/X. This witness, denied that no theft was committed by the petitioner or an FIR was registered due to personal enmity.