Babu Lal Khangar vs Madhya Pradesh Madhya Kshetra ...
2023 Latest Caselaw 4388 MP

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                           IN       THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 20 th OF MARCH, 2023
                                               CRIMINAL APPEAL No. 80 of 2010

                          BETWEEN:-
                          BABU LAL KHANGAR S/O KASHIRAM KHANGAR , AGED
                          ABOUT 63 YEARS, OCCUPATION: AGRICULTURIST,R/O
                          VILLAGE    BANMAWAR THANA ESSAGARH, DISTT.
                          ASHOKNAGAR (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI SHIVENDRA SINGH RAGHUVANSHI - ADVOCATE)

                          AND
                          MADHYA          PRADESH     MADHYA    KSHETRA
                          VIDHYUTVITRAN COMPANY LTD. TH: ITS JUNIOR ENG.
                          OCCUPATION: J.M.SHRIVASTAVA, VITRAN KENDRA
                          E S S A G A R H DISTT.  ASHOK   NAGAR (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI NITIN GOYAL - PANEL LAWYER)

                                   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 under Section 374 of Cr.P.C. being aggrieved by the judgment dated 05.01.2010 passed by the Special Sessions Judge, (Vidhut) Ashoknagar, in Special S.T.No.870/2006 whereby appellant has been convicted under Section 138(1)(kha) of Electricity Act, 2003 and sentenced to undergo six months RI with fine of Rs.3,000/- by the trial Court.

I n brief case of the prosecution case is that the complainant Vitran Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

Company on 07.04.2006 at the time of inspection found that the appellant was using Electricity illegally even after disconnection of the aforesaid electricity line due to the non-deposit of the amount of Rs.6936/- by the appellant. The Vidut Service Connection No.73-24-3823 of the appellant has been disconnected by the respondent Vitran Kendra.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant has already suffered sufficient incarceration. He has been facing rigors of judicial proceedings since 2006. Therefore, while enhancing the fine amount

suitably, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced to Rs.10,000/- under Section 138(1)(kha) of Electricity Act, 2003 jail sentence of the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.10,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM