Kamla Sahai, J.

1. The petitioner has been convicted Under Sec.379 of the Penal Code, and has been sentenced to pay a fine of Rs. 200.00 or, in default, to undergo rigorous imprisonment for two months.

2. The petitioner had electric connection in his house, and the meter stood in his name as consumer No. 759. on the 21st October, 1961, Shivanandan Prasad (P. W. 1), Engineer Assistant attached to the Electricity Department, received some information. He then went with some other persons to the petitioners house at 1 P. M. on the same date. The petitioner was present there. On examination of the electric connection, he found that the main switch and meter were not working, that another circuit was tacked to the main switch, and that the meter did not record any consumption even when the light was switched on as a wire had been so fixed in the earthing that electrical energy passed to the light points without going through the meter. He, therefore, submitted a report, which was treated as first information report, and the petitioner was put upon his trial, with the result already mentioned.

3. The petitioners defence is that he is a teacher in a basic school, that he mostly re