STATE Vs. SANTHANA KUMAR

JUDGEMENT

(1.) STATE has come forward with this appeal against the order of acquittal. By the judgment in C. C. 3804/94 dated 24. 9. 96 VII Metropolitan magistrate,George Town , chennai has acquitted the accused under Section 39 (1) and 44 (1) (c) of the indian Electricity Act.

(2.) CASE of prosecution could briefly be stated thus: P. W. 1-Ananthasekaran was the Assistant Executive Engineer (O & M), T. N. E. B, Royapuram. P. W. 2-Sukumar was the Assistant Executive engineer (Anti-Theft Squad) of T. N. E. B, Royapuram. P. W. 3 was working as Foreman in Royapuram Area. On 21. 4. 92-7. 15 p. m. P. Ws. 1 and 2 visited the premises-Door no. 23, Ramanayakan Street and inspected the Electricity Service Connection No. 01-04-174. Accused is the owner of the premises. For inspecting the premises and the service connection, as contemplated under the law, Ex. P1 Notice was served upon Gajendran who was employed in Balaji Cycle Shop, one of the tenants. P. Ws. 1 and 2 noticed M. O. 1 meter found intact. The accused had connected Fuse Unit to Main Switch through m. O. 5-Yellow Wire, by-passing M. O. 1-Meter, taking electric supply directly from the Fuse Unit. At the time of checking up, though all the electrical appliances were used in the premises, M. O. 1-Meter was found to be not working, since connection was given to the Main Switch straight from the incoming Fuse Unit. M. O. 1 Meter was not recording the consumption. The Top Carrier of the Fuse Unit was removed. In the Open Fuse Unit M. O. 5-Yellow Wire was found to be connected.

(3.) TO substantiate the charges against the accused, in the trial court, P. Ws. 1 to 5 were examined. Exs. P1 to P13 were marked. M. Os. 1 to 5 were remanded. Before the trial court, the accused while denying theft, adopted a double standard. While at one stretch in W. P. 9053/92 he admitted himself to be the consumer, before the criminal proceedings he denied'theft' on the ground that the White Meter Card Ex. P7 standing in the name of Muthiah. The accused raised the plea that there is no connection between him and the electric connection 01-04-174.