Chander Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 22498 MP

Madhya Pradesh High Court

Chander Singh vs The State Of Madhya Pradesh on 27 December, 2023

                                                             1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                            ON THE 27 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 1980 of 2009

                         BETWEEN:-
                         CHANDER SINGH S/O DHANNALAL GURJAR, AGED
                         ABOUT 30 YEARS, R/O MOHANPURA, TAH. BERASIYA,
                         DISTT. BHOPAL (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (BY SHRI S. K. GANGRADE - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH TH. P.S. BERASIYA
                         DISTT. BHOPAL (MADHYA PRADESH)

                                                                                    .....RESPONDENT
                         (BY SHRI NARENDRA SINGH SOLANKI - PANEL LAWYER)

                               This appeal coming on for final hearing this day, the court passed the
                         following:
                                                             ORDER

This appeal is filed, being aggrieved of judgment and sentence dated

25.09.2009, passed by Special Judge, Electricity Act, Bhopal in Special Case No.2006/2006, whereby, learned trial Court convicted the appellant for commission of offence punishable under Sections 136(1)(a) of Electricity Act, 2003 and has awarded sentence to undergo rigorous imprisonment for six months, with default stipulation.

2. The case of prosecution in short is that on 03.05.2006 the aluminum conductor of electric line which was connected in the field of Kamta Prasad Sharma was stolen by some unknown persons. An application was submitted

before the concerned electric transmission company and inspection was conducted by the employee of the concerned electricity company. The complaint was lodged in police stations Bairasia, District Bhopal. On that complaint, an FIR under Section 136(1)(a) of Electricity Act was registered and investigation was conducted. The stolen aluminum conductors were recovered from the possession of the appellant and co-accused persons. The challan was filed before the Special Judge, Electricity Act, Bhopal. The trial Court framed the charges under Section 136(1)(a) of Electricity Act and after recording of the statements of prosecution witnesses and examination of the accused persons/appellant the impugned judgment has been passed, being aggrieved by

which this appeal has been preferred.

3. Learned counsel for the appellant submits that the appellant is facing the proceeding since 2006. The aluminum conductors (cable) that were stolen of Rs.1,500/-. The appellant is of 27 years of age. Therefore, no useful purpose would be served to again send the accused/appellants in jail. Hence, the conviction be maintained and the sentence be reduced to the period already undergone by the appellant.

4. On the other hand, learned Panel Lawyer for the State has opposed the prayer of appellants' counsel and submitted that he has no objection if fine amount is enhanced and substantial jail sentence is reduced up to the period already undergone.

5. Heard learned counsel for the parties and perused the record.

6. The incident is of 03.05.2006. The electric line from which the cables were stolen was of one Kamta Prasad Sharma. Estimated cost of the stolen property was Rs.10,800/-. From the appellants 6 kg of aluminum conductor (wires) have been recovered.

7. Age of the appellant at the time of incident was 27 years. No previous conviction of criminal antecedent was found on record against the appellant.

8 . Looking to the submissions of appellant, the conviction of the appellant under Section 136(1)(a) of Electricity Act is maintained and confirmed.

9 . Taking these facts into consideration and considering the period of custody and also looking to the fact that this appeal is pending since 2009, appeal is partly allowed.

10. On the point of sentence, looking to the age of appellant and nature of the offence, the sentence is reduced to the period already undergone by the appellant, subject to the condition that the fine amount of Rs.5,000/- (Rupees Five Thousand) is imposed upon the appellant. The fine amount of Rs.5,000/- for commission of offence under Section 136(1)(a) of the Electricity Act shall be deposited by the appellant before the trial Court within a period of four months from the date of receipt of the certified copy of the order passed today, in default, the appellant shall undergo Simple Imprisonment for a period of three months.

11. In above terms, appeal is partly allowed and disposed of.

12. Let a copy of this order be sent to the concerned trial Court for information and necessary action.

(DEVNARAYAN MISHRA) JUDGE pnm