Tapash Mookherjee, J. - (1.) THE present appeal is directed against the judgment and order of conviction and sentence dated 08.03.2006 passed by the learned Additional Sessions Judge, Second Court, Purulia (Special Court under the Electricity Act), in Electric G.R. Case No. 128/2004. By the aforesaid judgment, the Trial Court has found both the appellants guilty of the offence punishable under Section 135 of the Indian Electricity Act and sentenced both the appellants to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 2,000.00 (rupees two thousand only) each with default clause.
(2.) THE facts leading to the appeal in short, are as follows: - - The appellant Alauddin Ansary is the owner of a premises at village Rangamatia under P.S. Para, District Purulia in which there is an industrial connection bearing consumer No. I 51005. In the afternoon of 17.12.2004 the said industrial connection was inspected by some officers of West Bengal State Electricity Board and during such inspection it was found that a motor in the premises was in running condition and on further inspection it was found that the cut out of the yellow phase of the connection was open and the third phase was connected with the incoming connection in the domestic line in an adjacent premises owned and possessed by the other appellant Dhirajuddin Ansary. It was thus detected that the appellant Allauddin Ansary was consuming electricity at his premises illegally causing thereby loss of revenue to the West Bengal State Electricity Board. The police officer accompanying the said raiding team, therefore, seized a main switch with its connecting wires and other implicating articles as well. Subsequently, Sri Kalyan Mallik, Assistant Engineer, Adra (O + M), S/D who was in the raiding team submitted a written complaint along with a written inspection report before the Officer -in -charge, Para Police Station, District Purulia on the basis of which Para P.S. Case No. 43 of 2004, dated 17.12.2004 under Section 135 of the Electricity Act, 2003 and under Sections 379/120 B/34 I.P.C. was started against both the appellants and after completion of investigation charge -sheet under Section 135 of the Electricity Act 2003 and also under Sections 379/120 B/34 I.P.C. was submitted against both the appellants. The case was forwarded to the Court of learned Additional Sessions Judge, Second Court, Purulia which was a Special Court under the Electricity Act, where a charge under Section 135 of the Indian Electricity Act was only framed against both the appellants. The appellants denied the charge and pleaded their innocence.
(3.) PROSECUTION examined five witnesses in total and proved some documents as well. Defence tendered no evidence whatsoever. Considering the evidence thus produced on record the Trial Court found both the appellants guilty of the offence under Section 135 of the Electricity Act, 2003 and passed sentenced mentioned earlier and hence the appeal.;