MOHD BABA Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant/accused was convicted for the offence punishable under Sec. 136(1)(b) read with Sec. 137 of Electricity Act (for short "the Act") and sentenced to undergo two (02) years of imprisonment in Spl.C.C.No.8 of 2008. The appellant/accused is arrayed as accused No.6.

(2.) It is the case of the prosecution that PW-7 viz., DVP Raju who was the Sub-Inspector of Police, on credible information proceeded to a place in front of Sunder Ispat Iron Factory situated at Ippalapally area around 5:30 am. In the meanwhile, one auto bearing No.AP 28 W 3149 came there and stopped. The appellant/accused was found driving the said auto and accused Nos.1 to 4 were also there in the said auto. In all PW-7 and his team detected aluminum electricity conductor wire in the auto. PW-7 and others questioned the accused Nos.1 to 5 and recorded their confession. Pursuant to the said confession, the said 250 kg of electricity conductor wire was seized. According to the prosecution, the said 250 kgs of wire was subject matter of theft of aluminum wire pertaining to crime Nos. 54, 55 and 56 of 2007.

(3.) The investigation was done by PW-7-Sub-Inspector of Police, who concluded the investigation and filed charge sheet. During the course of cross examination, there were eight witnesses who were examined and all the independent mediators in the said case turned hostile to the prosecution. Only on the basis of PW-7 who was present at the scene and seized the auto had narrated regarding the appellant/accused and accused Nos.1 to 4 being caught along with 250 kgs of wire. Accused Nos.1 to 4 were convicted for the offences punishable under Sec. 136 (1)(a) which reads as follows;