Jagmohan Lal Sinha, J. - (1.) This revision arises out of the judgment and order dated 9th December, 1980 passed by the 3rd Addl. Sessions Judge, Mathura affirming the conviction and sentence recorded against the Appellant under Sec. 39 of the Indian Electricity Act read with Sec. 379 Indian Penal Code .
(2.) The facts giving rise to this revision can briefly be stated as under: On 22nd February, 1978 Sri Gopal Das Agrawal Junior Engineer went to village Siriya Ki Nagariya to check theft of electricity as he had received some reports in that connection. Sri Gopal Das Agrawal reached the house of the applicant in village Siriya Ki Nagariya at about 12 O'clock noon and found that the electricity was being abstracted in his house. The applicant was himself present at the house. Sri Gopal Das Agrawal took in possession the electric wire etc. which were being used for abstracting the energy and lodged the report in that connection at P.S. Raya. In due course a charge sheet was submitted for the prosecution of the applicant for the offences under Sec. 39 of the Indian Electricity Act read with Sec. 379 Indian Penal Code .
(3.) The applicant denied the prosecution case.;