Judgment

MUDHOLKAR, J. : By a common judgment delivered on January 23, 1963 the High Court at Patna decided four appeals preferred by the State of Bihar and two criminal revision petitions, one on behalf of the complainant and another on behalf of an accused person. These appeals arose out of four prosecutions launched against certain persons running mills or factories which were supplied with energy by the Patna Electricity Supply Company (hereafter referred to as P. E. S. Co. for the sake of brevity). The offences with which they were charged were under Ss. 39 and 44 (c) of the Indian Electricity Act, 1910 (9 of 1910) and R.138 read with R. 56 made under the Act. The trying magistrate acquitted all those persons who are appellants before us in respect of each of these offences, except Ram Chander Prasad, appellant in Crl. A. 48 of 1963. He was convicted of all the three offences and sentenced variously. In appeal he was acquitted of the offence under S. 39 by the Additional Sessions Judge, Patna while his conviction and sentences under the other two provisions were upheld. The State thereupon preferred an appeal against his acquittal under S. 417 Code of Criminal Procedure before