ALWAL SATYAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the appellant/accused aggrieved by the judgment, dated 15.02.2011, rendered in C.C.No.1 of 2007 on the file of the I Additional Sessions Judge, Medak at Sangareddy, whereby and whereunder, the appellant/accused was sentenced to pay a fine of Rs.1,92,665/-, in default of payment of fine, the accused was sentenced to undergo simple imprisonment for a period of six months for the offence under Section 135 of the Electricity Act and the accused was further sentenced to pay a fine of Rs.10,000/-, in default of payment of fine, the accused was sentenced to undergo simple imprisonment for a period of two months for the offence under Section 138 of the Electricity Act.

(2.) Heard the learned counsel for the appellant/accused, the learned Additional Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellant/accused would contend that the appellant is not responsible for illegally restoring the electricity supply to his house through Service Connection No.262 of Kolgur Village. However, without there being any oral and documentary evidence, he is convicted and sentenced for the offences punishable under Sections 135 and 138 of the Electricity Act. The fine amount imposed at Rs.1,92,665/- is excessive. The petitioner/accused was in judicial custody for a period of 40 days and he paid Rs.50,000/- towards part of the fine amount and ultimately prayed to allow the appeal by setting aside the conviction and sentence imposed against the appellant/accused.