PRITAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Additional Sessions Judge No. 2, Hanumangarh whereby he dismissed the appeal of the accused under section 379 read with Section 39 of the Indian Electricity Act, 1910 (herein after called as the Act).

(2.) On 21st January, 1972, as report was filed by the J. En. at Police Station, Tibi that the accused Pritam Singh is extracting electricity without properly sanctioned meter from the R.S-E.B. On this report, a case was registered at Police Station and accused was charged under section 379 I.P.C. read with section 39 of the Act. Prosecution filed a challan under aforesaid Sections in the Court of Judicial Magistrate, Hanumangarh.

(3.) According to the testimony of J. En., a complaint was received against the accused that he is extracting electricity. There upon, the J. En. Along-with his party went to the tubewell and found that the accused was extracting electricity directly and he had no sanctioned meter. When he reached there and inquired he was informed by two persons that the tube-well belongs to the accused. Thereafter the photographs were taken and the illegal meter was tested and it was found that electricity has been used. The learned Magistrate found the accused guilty and sentenced him to one years rigorous imprisonment and fine of Rs. 500/- and in default to further undergo three months imprisonment.