Ramakant vs State Of M.P.
2023 Latest Caselaw 226 MP

                                           1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 4th OF JANUARY, 2023

                    CRIMINAL APPEAL NO.34 OF 2007

       BETWEEN:-

       RAMAKANT S/O SHRI BABU LAL
       PUROHIT R/O VILLAGE GHARAWA,
       POLICE STATION- UNNAO, DISTRICT-
       DATIA (MADHYA PRADESH)
                                                                 ........PETITIONER

       (BY SHRI R.K. SONI - ADVOCATE)

       AND

       STATE    OF   MADHYA   PRADESH
       ELECTRICITY   BOARD   THROUGH
       EXECUTIVE ENGINEER,  M.P. RAJYA
       VIDYUT MANDAL, DISTRICT- DATIA
       (MADHYA PRADESH)


                                                               ........RESPONDENT

       (BY SHRI NAROTTAM SHARMA - PUBLIC PROSECUTOR)

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       This appeal coming on for orders this day, the Court passed the
following:
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                                      ORDER

This appeal is pending since 2007. This appeal has been filed by the appellant against the order dated 20/12/2006 passed by Sessions

Judge, District- Datia (M.P.) in Special Case No.28/2005, whereby the appellant has been convicted and sentenced as under:-

         Section            Sentence       Fine (Rs.)         Default
                                                           Stipulation
 138(1)(k) of Electricity   1 Year RI        3,000/-       6 Months RI
          Act

Prosecution case, in short, is that appellant was allotted an electricity connection N0.90-19-23618 for commercial purpose but the appellant has not paid outstanding bill of Rs.39,054/- of the same. Thereafter, the said electricity connection was disconnected on 24/9/2004 by the M.P. Electricity Board and Panchnama Ex.P-2 was prepared. Thereafter, appellant himself reconnected the disconnected electricity connection and committed theft of the same. On 03/10/2004 in the noon, a raid was conducted at the place of the appellant wherein he was found to be running flour mill by illegal electricity connection. Thereafter, Panchnama Ex.P-3 was prepared on which signature of the appellant was also there. Thereafter, electricity board adduced evidence of Rambabu (PW-1) and Gayaprasad (PW-3) who are the Assistant linemen and Badam Singh (PW-2) who is the Assistant Engineer have categorically stated that when they raided the place of the appellant, he was found to be running flour mill by illegal electricity connection. In this regard, Panchnama Ex.P-3 was prepared.

Learned counsel for the respondent while opposing the appeal has submitted that the learned trial Court has arrived on the appropriate findings and rightly passed the impugned judgment of conviction and sentence.

Per contra, learned counsel for the appellant submits that matter pertains to theft of electricity and appellant was alleged to have

committed theft of electricity without taking electricity connection and paying the outstanding.

Having heard the arguments of both the side, this Court is of the view that learned trial Court has not committed any error in convicting the appellant but looking to the ordeal of trial suffered by the appellant and the fact that fine amount has already been deposited by the appellant, this Court finds it appropriate to sentence the appellant till rising of the Court and the fine amount imposed upon him by the trial Court is enhanced from Rs.3,000/- to Rs.10,000/- which shall be deposited by him before the trial Court within a period of two months with an undertaking that if he fails to deposit the fine amount then he shall suffer the sentence as awarded by the trial Court. The sentence of till rising of the Court shall be suffered by the appellant before the trial Court.

In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab 676d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE0 0D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED9 10FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.11 17:21:02 +05'30'