HAKKU KAURAV Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 39 of the Electricity Act and section 506 (Part-I) of IPC vide judgment dated 8.2.1999 passed by the JMFC, Gadarwara (Shri Amitabh Mishra) in criminal case No.359/1995 and sentenced for 1 year's rigorous imprisonment with fine of Rs.500/- and 6 months' rigorous imprisonment respectively. In criminal appeal No.27/1999 the learned Additional Sessions Judge, Gadarwara District Narsinghpur vide judgment dated 27.12.1999 dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case in short, is that, on 7.4.1995, Shri Pankaj Yadav (P.W.5) J.E., MPEB alongwith linemen Ramkishore (P.W.2), Sitaram (P.W.4) and Ramesh Verma (P.W.6) went to the village Kheri (Police Station Gadarwara, District Narsinghpur) for checking. He was informed that the applicant was using his electric pump without a valid connection. At about 2 p.m., he found that the applicant was irrigating his crops by a 5 HP motor. A starter and chord wire were seized by Shri Pankaj Yadav and thereafter they went to the well of one Ummed. In the meantime, the applicant had stolen the starter and when they came back, the applicant abused them and asked for the return of starter. He brought a farsa and threatened the complainant and his companions for return of the starter.

(3.) The applicant abjured his guilt. He took a specific plea that he did not have any land or well. He was falsely implicated in the matter by the staff of Electricity Board. In defence, one Dangal (D.W.1) was examined.