Judgement

Consolidated Appeals (No. 65 of 1937), by special leave, from a judgment of the High Court (July 10, 1936) which modified the convictions but upheld the sentences passed upon the appellants by the Chief Presidency Magistrate of Calcutta (June 6, 1935).

The appellants, Babulal Choukhani and Sailendra Nath Mukherjee, were charged, together with a number of other persons, with being parties to a criminal conspiracy to commit theft of electric energy by a system involving tampering with the consumers meters. Choukhani was also charged with having committed theft of electric energy, and Mukherjee with having abetted him in the commission of that offence.

The facts, the form of the charges, and the relevant statutory provisions appear from the judgment of the Judicial Committee.

The Chief Presidency Magistrate convicted Choukhani of conspiracy, and of theft of electricity under

s. 39 of the Indian Electricity Act, 1910, and sentenced him to one years rigorous imprisonment and a fine of Rs.1000, but passed no separate sentence on the charge of conspiracy. He convicted Mukherjee of conspiracy and of abetment of the theft by Choukhani, and sentenced him to two years rigorous impri