The State Of Maharashtra vs Laxman Bira Janakar
2021 Latest Caselaw 15487 Bom

                                                                                               218-apeal-1223-2004


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                                     CRIMINAL APPEAL NO.1223 OF 2004

                                The State of Maharashtra                               ..Appellant
                                     Vs.
                                Laxman Bira Janakar                                    ..Respondent
                                                              ----
                                Mr.R.M. Pethe, APP for the Appellant-State.

                                None for the Respondent.
                                                                        ----
NILAM     Digitally signed by
                                                                      CORAM : C.V. BHADANG, J.
          NILAM SANTOSH
SANTOSH   KAMBLE
          Date: 2021.10.27
KAMBLE
                                                                      DATE     : 27 OCTOBER 2021
          15:55:44 +0530




                                JUDGMENT :

. This is an appeal by the State, challenging the judgment and order dated 19 December 2003 passed by the learned Judicial Magistrate First Class at Jath, District-Sangli in Regular Criminal Case No.106 of 2001. By the impugned judgment the respondent- accused has been acquitted of the offence punishable under Section 39 and 44 of the Indian Electricity Act, 1910.

2. According to the prosecution the respondent-accused who was running a floor mill in the house owned by one Zanu Yashwant Galande at Village-Ankli, Taluka-Jath, had

N.S. Kamble page 1 of 3 218-apeal-1223-2004

unauthorizedly obtained a connection from the Distribution Box of the State Electricity Board. The connection was obtained by using a 150 feet long electric wire. The offence came to be registered on the basis of a complaint lodged by Shashikant Tankasale on 6 June 2001.

3. At the trial the prosecution examined the panch Bhimarao Shripati Dudhal PW-1, the wireman Rajaram Bhika Kolekar PW-2 and another wireman Malappa Mahadev Handikode PW-3 and produced the panchnamma dated 7 June 2001 which is at Exhibit-16.

4. I have heard learned Additional Public Prosecutor. None appears for the respondent.

5. The record discloses that PW-1 Bhimarao Shripati Dudhal and PW-3 Malappa Handikode did not support the prosecution, as a result of which the panchnama dated 7 June 2001 could not be said to be proved on record. PW-2 Rajaram Bhika Kolekar admitted that Malappa Handikode PW-3 was the wireman at Village-Ankli where the floor mill of the respondent-accused was situated. PW-2 states that he along with Mr.Tankasale, Mr.Handikode, Mr.Mane and Mr.Shirke had visited the spot on the basis of a secret information and seized the wire by which the alleged illegal and unauthorized connection was obtained from the

N.S. Kamble page 2 of 3 218-apeal-1223-2004

Distribution Box. What is significant is that Handikode who was working at Village-Ankli had not supported the prosecution. It was suggested to the prosecution witness PW-2 that the floor mill of the respondent-accused was operating on a diesel engine. PW-2 claimed ignorance on the said aspect. He admitted that wire could also be used for a T.V. connection.

6. I have gone through impugned judgment and the same does not suffer from any infirmity. The view taken by the learned Magistrate is a plausible view and no interference is called for in an appeal against acquittal. The Criminal Appeal is accordingly dismissed.

C.V. BHADANG, J.

     N.S. Kamble                                              page 3 of 3