MANOJ KUMAR GARG,J. - (1.) Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 26.04.2011 passed by learned Additional Session Judge No.1, Bikaner (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the present appellant for offence under Section 136 of Electricity Act and sentenced to undergo two years' simple imprisonment and imposed a fine of Rs.1,000/- and in default of payment of fine ordered further one month S.I.
(2.) Briefly stated the facts of the case are that a written report was filed by complainant Shri Lakhanpal, Jr. En., Sub-Office, Pawanpuri Jodhpur Discom, Bikaner at Police Station Jai Narayan Vyas Colony alleging therein that two employees of the Discom namely Daulataram and Haidar were going for some Discom work. During the way, they saw two persons doing some work on the panel of transformer. When the Discom employees asked them, both the accused-persons ran away from there leaving their motorcycle and some other articles. On receiving the information, the complainant also reached at the site and he found that one panel of the transformer was opened in which one copper plate was missing and two copper plates were opened. On this report, FIR was registered under Section 136 of Electricity Act and Section 379 IPC by the complainant. Thereafter the appellant and another accused Prem were arrested. After investigation, the Police filed challan against the accused-persons under Section 136 of Electricity Act and Section 379 IPC.
(3.) Thereafter learned court below framed charge for offence under Section 136 of Electricity Act against the accused-persons. The accused-persons denied the charge and claimed for trial. During trial, eight prosecution witnesses were examined and certain documents were exhibited. Thereafter statements of the accused-persons under Section 313 Cr.P.C. were recorded. No witness was examined in defence by the accused-persons.;