GANESH KUMAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. D. K. Prasad, learned counsel appearing for the petitioner and Mr. Nehru Mahto, learned A.P.P. for the State.

(2.) This application is directed against the judgment, dated 22-8-2002 passed in Cri. Appeal No. 159 of 1984 by the learned Additional District and Sessions Judge, Lohardaga whereby and whereunder the judgment and order of conviction passed by the learned S.D.J.M., Lohardaga in G.R. No. 268 of 1976 vide T.R. No. 385 of 1984 has been affirmed and the sentence has been modified to fine of Rs. 500 under each Section.

(3.) It appears that on 23-11-1976 the connection of the electricity of the consumer was disconnected by the Electricity Department due to non-payment of electricity bills. Subsequently it was found that the consumer has directly consumed electricity and running the motor pump. It is also alleged that on 12-12-1976 the officials of the Electricity Department had gone to the village to disconnect the illegal electrical connection but they were not allowed to do so. On the basis of the aforesaid allegation G.R. Case No. 268 of 1976 was instituted in which after investigation charge sheet was submitted, pursuant to which cognizance was taken and trial proceeded. In course of trial the prosecution having been able to prove its case beyond all reasonable doubts the petitioner was convicted for the offences punishable u/Ss. 379 and 353 of the Indian Penal Code read with Section 39 and Section 44 of the Indian Electricity Act, 1910 and were sentenced accordingly. The petitioners preferred an appeal being Cri. Appeal No. 159 of 1984 wherein although the order of conviction was sustained but the sentence was modified to a fine of Rs. 500/- under each Section.