Kammod Sahu vs Madhya Pradesh State Electricity Board
2025 Latest Caselaw 770 MP

Madhya Pradesh High Court

Kammod Sahu vs Madhya Pradesh State Electricity Board on 14 May, 2025

          NEUTRAL CITATION NO. 2025:MPHC-JBP:23008




                                                                                   1                                                  CRA-1711-2007
                                IN        THE           HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 BEFORE
                                                  HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                          CRIMINAL APPEAL No. 1711 of 2007
                                                       KAMMOD SAHU
                                                           Versus
                                           MADHYA PRADESH STATE ELECTRICITY BOARD
                           Appearance:
                                Shri Vinod Tiwari - Amicus Curiae for the appellant.
                                Shri O.P. Patel - Panel lawyer for the respondent/State.

                                                          Heard on:- 04.01.2024 sitting at Jabalpur.
                                                            Posted on:- 14.05.2025 sitting at Indore.
                           .............................................................................................................................................
                                                                                 JUDGMENT

This Criminal Appeal under Section 374(2) of the Code of Criminal Procedure has been preferred being aggrieved by the judgment dated 03.08.2007 in Special Case No.139 of 2005 by Special Judge under Electricity Act, 2003, Tikamgarh whereby appellant/accused has been convicted under Section 135 of the Electricity Act, 2003 and has been sentenced to 6 months R.1. and a find of Rs.5,000/- with default stipulations

of 2 months R.L.

2. Facts in brief are that on 01.08.2005 when Jr. Engineer, Manoj Kumar Rawat went to Village-Palera with staff for electric checking he found that the appellant was consuming electricity by taking direct connection from the L.T. Line of M.P. State Electricity Board in an unauthorized manner. Consequently the respondent had to suffer loss of

NEUTRAL CITATION NO. 2025:MPHC-JBP:23008

2 CRA-1711-2007 electricity worth of Rs.8,090/- the respondent, therefore, produced complaint against the appellant before the Special Judge.

3. Appellant/accused abjured guilt and claimed for trial. Prosecution examined Jr. Engineer Manoj Kumar Rawat posted at Electrical Supply Center, Jatara as PW-1, Munna Lal Yadav, lineman as PW-2, Assistant lineman Shivdayal Kushwaha as PW-3.

4. Appellant/accused in his examination under Section 313 of the Cr.P.C. advanced the defence of false implications and examined Keerath Kushwaha as DW-1.

5. Appreciating the evidence, trial Court found prove that appellant on 01.08.2005 appellant/accused was consuming the electricity by connecting the wire directly to the line of M.P. Electricity Board, through 100-100 watt

bulb for lighting his house and a shop in Village-Alampura and convicted ad sentenced as per para 1 of the judgment.

6. This appeal has been preferred on the ground that Special Judge. Electricity Act, 2003 erred in convicting the appellant and not properly appreciating the evidence, trial court wrongly placed reliance on the evidence of witnesses. Trial Court committed error in overlooking the material facts on record of the case.

7. Heard.

8. Public Prosecutor has supported the conviction and sentence.

9. Perused the record.

10. Evidence of Jr. Engineer Manoj Kumar Rawat posted at Electrical Supply Center, Jatara (PW-1), Munna Lal Yadav, lineman (PW-2), Assistant

NEUTRAL CITATION NO. 2025:MPHC-JBP:23008

3 CRA-1711-2007 lineman Shivdayal Kushwaha (PW-3) is consistent to the point that appellant/accused was found using 100-100 watt bulb in his room and in his grossery shop on 01.08.2005 situated at Village-Alampura PS Palera District Tikamgarh.

11. It is not the case that appellant/accused has any connection for consuming electricity. Accordingly, defence through Keerath Kuswhwaha (DW-1) is not reliable. Conviction recorded by the trial Court under Section 135 of Electricity Act, 2003 does not call for interference and it is hereby affirmed.

12. Considering the nature of offence, it is not desirable that appellant should undergo sentence of imprisonment, accordingly the end of justice would fruitful only through the amount of fine. Accordingly, this appeal is partly allowed and confirming the conviction of appellant/accused under Section 135 Electricity Act, 2003, the sentence is reduced to the find of Rs.5,000/- which has been deposited by receipt No.41273 book no.12 dated 03.08.2007.

13. Appellant/accused has been in custody for a period of 27.09.2005 to 2.09.2005. So further imprisonment is not required. So his sentence is reduced to the period already undergone. Appeal is partly allowed.

(GAJENDRA SINGH) JUDGE

DPS/akanksha