Summary
The appellants mill was supplied with electric energy by the Patna Electricity supply company. The electric meter was tampered With by breaking its seals opening its stud and inserting a wire which prevented the rotation of the disc,so that the consumption of electricity was not perfected. There was thus a perfected artificial means for abstraction of energy. At the instance of the Chief
'Engineer of the Electricity Supply Company, who had been specifically empowered to act on behalf of the company, a report was made by the Assistant Engineer against the appellant to the police and the appellant was prosecuted for an offence, under s. 39 of the Indian Electricity Act, 1910 The trial Court acquitted him but the High Court, on appeal, convicted him.In appeal to this Court,HELD: (i) The appellant was guilty For a conviction under s. 39, it must perfected artificial means for abstraction dishonest abstraction was by the accused tampering was so blatant- and so effect done without the appellant's knowledge or connivance.[524 B-C]Jagannath Singh atlas Jainath Singh and Sohari Lal v. B.S.Ramrwamy, [1966] 1 S..C.R. 885, explained.(ii) Since the Electricity_ Supply company was a body corporate it must act only through its officers, and therefore it would follow that the law was set in motion by the "person aggrieved' within the meaning of s. 50 of the Act. [523 C]See the full content of this document
Extract
Ram Chander Prasad Sharma VS. State Of Bihar & Anr.
PETITIONER: RAM CHANDER PRASAD SHARMA Vs.RESPONDENT: STATE OF BIHAR & ANR.DATE OF JUDGMENT: 08/02/1966BENCH: MUDHOLKAR, J.R.BENCH: MUDHOLKAR, J.R.SARKAR, A.K.CITATION: 1967 AIR 349 1966 SCR 517CITATOR INFO : F 1967 SC 947 (5)R 1983 SC 822 (6)ACT: Indian Electricity Act (9 of 1910), ss. 39 and 50-Existence of artificial means for abstraction of electricity-When evidence of dishonest abstraction-Complaint to police on behalf of Company-if prosecution at the instance of person aggrieved.JUDGMENT: CRIMINAL APPELLATE JURISDICTION : Criminal Appeals Nos. 48 to 51 of 1963.Appeals from the Judgment and Order dated the 23rd January 1963 of the Patna High Court in Government Appeals Nos. 'of' 1960, 39 and 19 of 1959, and Criminal Appeal No. 42 of 1959 respectively.M/s. Nuruddin Ahmad and U. P. Singh, for the Appellants (Ir Cr. As. Nos 48 to 50 of 1963, and Appellant No. 2 (In Cr.A. No. 51 of 1963) : M/s. D. P. Singh and U. P. Singh, for Appellant No. 1 (Jr, Cr. A. No. 51 of 1963): M/s. A. N. Sahay, N. K. Prasad Bukhaiyer and D. Goburdhan,. for Respondent No. 1.M/s. A. N. Sahay and S. P. Varma, fog Respondent No. 2.518 The following judgment of the court was delivered by Mudholkar J.-B...
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