Judgement

BACHAWAT, J. : The two connected appeals raise common questions of construction of Ss. 39 and 44 of the Indian Electricity Act, 1910 and R. 138 of the Indian Electricity Rules, 1956. The appellants in both appeals have been convicted under Ss. 39 and 44 of the Indian Electricity Act, 1910 and R. 138 (b) of the Indian Electricity Rules, 1956. The appellant in Criminal Appeal No. 130 of 1963 has also been convicted under S. 201 of the Indian Penal Code.

2. The Patna Electric Supply Co., Ltd. supplied electrical energy in Patna, Patna city and Dinapur to about 22,000 consumers, of which about 900 were industrial power consumers. The normal wastage of energy in course of transmission was 15 to 16 per cent of the units generated. In 1958, the Chief Inspector of the Company noticed an extra abnormal loss of about 8 per cent which could not be due to wastage in transmission and suspected extensive theft of the Company s electrical energy. Vigorous investigations were started, and after surprise raids and inspections, it was discovered that the meters of several consumers had been tampered with. Both the appellants are industrial power consumers at Dinapur. The Inspectors found tha