BADRACHALAM Vs. STATE

JUDGEMENT

(1.) This is a criminal revision case filed by the accused Badrachalam against the judgment dated 15.12.1981 in C.A.No.17 of 1981 on the file of the Court of the learned Chief Judicial Magistrate, Chengalpattu, confirming the conviction and sentence passed against the accused/revision petitioner herein by the Court of the learned Judicial Second Class Magistrate, Tiruvellore. The trial Court found the revision-petitioner guilty under Section 381, Indian Penal Code, and sentenced him to undergo imprisonment till the rising of the Court and also sentenced him to pay a fine of Rs.100/ in default to undergo rigorous imprisonment for four weeks.

(2.) On behalf of the prosecution P.W.1 Shanmugam, P.W.2 Natarajan, P.W.3 Punnyakoti, P.W.4 Salanuddin, P.W.5 Mani, Head Constable and P.W.6 Santhanam, Sub Inspector were examined. Exhibits P-1 complaint, P.2 confessional statements P.3 mahazar, P.4, mahazar and P.5 sketch were filed on behalf of the prosecution before the trial Court. M.Os.1 to 3 electric meters were also produced before the trial Court. On behalf of the accused, D.W.1 Viswanathan, Assistant Divisional Engineer was examined. Exhibits D.1 attendance register for the year 1980 regarding the Tamil Nadu Electricity Board, Uthukottai, D.2 sheet relating to the month of June, D.3 endorsement of P.W.1 and D.4 memo given by D.W.1 on 18.9.1980 were filed on behalf of the accused before the trial Court.

(3.) The case of the prosecution in brief is as follows: