Madhya Pradesh High Court
Smt.Rajkumari Bai vs M.P.Madhya Kshetra Vidyut Vitran ... on 15 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 15 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 1095 of 2009
BETWEEN:-
SMT.RAJKUMARI BAI W/O RAMPRATAP DANGI, AGED
ABOUT 30 YEARS, R/O SHIV COLONY, ITI ROAD,
HOSHANGABAD (MADHYA PRADESH)
.....APPELLANT
(BY MS. SEEMA SAHU - ADVOCATE AS AMICUS CURIAE)
AND
M.P. MADHYA KSHETRA VIDYUT VITRAN CO.LTD.
TH.B.S. KUSHWAHA, ADDL. SUPERINTENDENT
ENGINEER M.P. MADHYA KSHETRA VIDYUT VITRAN
CO.LTD. HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI NARENDRA LODHI - PANEL LAWYER FOR STATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellant has challenged the judgment of conviction and order of
sentence passed by Special Judge(Electricity) Hoshangabad in Special Case
No. 79/2007 whereby the appellant has been convicted under Sections 135 of
MP Electricity Act and sentenced to undergo 6 months SI and fine of Rs.
95,250/- and in default, to further undergo 4 months SI.
2. As none appeared on behalf of the appellant, Ms. Seema Sahu, Advocate
who is present in the Court, has been requested to assist the Court on behalf of
the appellant as amicus curiae.
3. The facts necessary for disposal of the present appeal in brief are that on
02.09.2006, when B.S. Kushwaha along with his associates made an inspection
in Shiv Colony ITI Raod, Hoshangabad, they found that appellant was
committing theft of electricity by connecting the wire directly with the electric
line for using the domestic electrical instrument.
4. Learned counsel for the appellant submitted that from the evidence on
record, the appellant is entitled to be acquitted, alternatively, he submits that in
the fact and circumstances of the case, the sentence may be reduced to the
period already undergone. There was no mens ria behind the incident so a
liberal view of the point of sentence be taken by the Court, so he prayed that the
sentence be reduced to period already undergone.
5. Per contra, learned Panel Lawyer submitted that the findings of learned
Trial Court does not call for any interference. Court is at liberty to consider the
matter on the point of sentence.
6. Learned trial Judge after considering the statements of the witnesses by
judgment dated 29.04.2009 convicted the appellant under Sections 135 of MP
Electricity Act and sentenced as stated herein above, however, the findings
recorded by the learned Trial Judge are based on due appreciation of evidence
and do not require any interference. The judgment of conviction under
Sections 135 of MP Electricity Act is upheld.
7. However, looking to the facts that the incident is of the year 2006 since
then the appellant is facing mental agony, appellant remained in custody for 4
days. Appellant was of 30 years of age at the time of incident. The appellant
did not misuse the liberty granted to him under the bail. The prosecution has not
brought any past criminal antecedents of the appellant on record and there is no
minimum sentence has been prescribed under Sections 135 of MP Electricity
Act at that time, I deem it proper to reduce the jail sentence of the appellant to
the extent of the period which he has already undergone and accordingly, the
jail sentence is reduced to the period already undergone (4 days) by him and the
sentence of fine amount is maintained. The appellant is on bail, his personal
bond and bail bond be discharged. Accordingly the appeal is partly allowed.
8. It is, however, made clear that in case appellant fail to deposit the fine
amount, the learned Trial Court shall issue notice to him and may proceed
against him in accordance with law. However, in case appellant deposit the
amount of fine within sixty days from the receipt of certified copy of this
judgment, his bail bonds shall stand discharged.
9. Record of the trial Court be sent back along with copy of the judgment.
(RAJENDRA KUMAR VANI)
JUDGE
Digitally
L.R.signed by
LALIT SINGH RANA
Date: 2024.02.22
10:43:18 +05'30'
