KISHOR KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision application is directed against the judgment dtd. 29/11/2003 passed by the learned Additional Sessions Judge-XIII, Dhanbad, in Criminal Appeal No.112/2000; whereby the judgment of conviction and order of sentence, both dtd. 5/8/2000, passed by the learned Judicial Magistrate, 1st Class, Dhanbad corresponding to G.R. No.2631/95; whereby the petitioner was convicted and sentenced to undergo R.I. for two years for the offence under Ss. 379 IPC, R.I. for two years for the offence under Sec. 39 of the Indian Electricity Act and to undergo R.I. for two years for the offence under Sec. 44 of the Indian Electricity Act and all the sentences were directed to run concurrently, has been modified to the extent that the appellate court has affirmed the conviction but reduced the sentences awarded by the trial court to R.I. for one year under Sec. 39 of the Indian Electricity Act read with Sec. 379 IPC and R.I. for one year under Sec. 44 of the Indian Electricity Act and both the sentences were directed to run concurrently.

(3.) The prosecution case in short is that the informant Akhileshwar Pd. Gupta, Assistant Engineer in Electric Department along with a Magistrate and other witnesses raided the sweet shop of the petitioner and found the petitioner abstracting energy illegally from the main pole and seized 21 meters electrical wire in presence of the petitioner and copy of the seizure list was given to the him. On the basis of the written report, the instant case was registered and after investigation, police submitted charge-sheet. Accordingly, charges were framed against the accused person for which he pleaded not guilty and claimed to be tried and finally the he was convicted.