RAM ASHISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 24.8.2000 passed by 7th Additional Sessions Judge, Rohtas at Sasaram, confirming the order of conviction recorded by Sri A.K. Datta, S.D.J.M., Sasaram, passed in G.R. case no. 496/90, trial no. 272/93. The revisionist was convicted under Section 39 of the Indian Electricity Act read with Section 379 I.P.C. as also under Section 44 of the Indian Electricity Act. The trial court sentenced the revisionist to undergo R.I. for six months under Section 379 I.P.C. and to pay a fine of Rs. 300/ - under Section 44 of the Indian Electricity Act and in default to undergo R.I. for two months. The appellate court maintained the order of conviction and sentence for the offence under Section 44 of the Indian Electricity Act. However, it set aside the order of sentence under Section 379 I.P.C. and modified it to a fine of sentence of Rs. 5000/ - and in default to suffer imprisonment for a period of two months.

(2.) NOBODY appeared when this revision was called out for hearing, although there is vakalatnama filed by the revisionist. So, this Court is not under any obligation to wait for the revisionist 's lawyer indefinitely. I find that on two earlier occasions this revision was adjourned on the prayer of the revisionist 'slawyer.

(3.) BOTH the courts on the basis of evidence have held that the accused was guilty for the offence under Section 39 of the Indian Electricity Act read with Section 379 I.P.C. The appellate court was, rather, lenient in modifying the order of sentence, as stated above. So, I am not in favour of reducing the sentence.