Kummer Singh vs Madhya Pradesh Madhya Kshetra ...
2023 Latest Caselaw 9630 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 26 th OF JUNE, 2023
                                             CRIMINAL APPEAL No. 241 of 2011

                          BETWEEN:-
                          1.    KUMMER SINGH S/O AGRICULTURIST, AGED
                                ABOUT   36  YEARS, SOHANA, P.S.PICHHORE
                                (MADHYA PRADESH)

                          2.    BHEEKAM SINGH S/O SUNDER SINGH, AGED
                                ABOUT 26 YEARS, OCCUPATION: AGRICULTURIST
                                R/O SAHONA,P.S. PICHHORE, DISTT. GWALIOR
                                (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (BY SHRI G.SHARMA, LEARNED COUNSEL FOR THE APPELLANTS)

                          AND
                          MADHYA PRADESH MADHYA KSHETRA VIDHYUT
                          VITRAN CO.LTD. TH:JUNIOR ENGINEER, S.L.SONI
                          PICHHORE DISTT.GWALIOR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI NAROTTAM SHARMA,               LEARNED    COUNSEL FOR       THE
                          RESPONDENT)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                               ORDER

This appeal has been filed by the appellant against the judgment dated 01.03.2011 passed by Special Sessions Judge Electricity Act, Dabra Distt. Gwalior in Special Case No.678/2010 convicting the appellant under Section 138 of the Electricity Act and sentencing him to suffer six months RI with fine of Rs.10,000/- each with default stiputlation.

Brief facts necessary for disposal of this appeal are that on 14.01.2009 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM

during inspection appellant was found using electricity despite disconnection, thereby found committing theft of electricity. Complaint was filed. After trial, appellant has been convicted as aforesaid.

Learned counsel for the appellants/accused submitted that he does not want to challenge the conviction of the appellants for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellants that incident took place on 14.01.2009 and appellants have been facing agony of trial for the last 14 years. Therefore, jail sentence of the appellants may be reduced till rising of the Court on such terms and condition this Court deems fit and proper.

Learned counsel for the respondent supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, while maintaining the conviction of the appellants under Section 138 of the Electricity Act, subject to deposit of fine amount of Rs.10,000/-, their jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM