Kamla Sahai, J.

1. The petitioner has been convicted under Sec.379 of the Penal Code read with Sec.39 of the Indian Electricity Act, and has been sentenced to undergo rigorous imprisonment for six months as well as to pay a fine of Rs. 500 or, in default, to suffer simple imprisonment for two months.

2. It appears that sixteen persons were put upon their trial on the allegation that, by making an unathorised connection, they were dishonestly consuming and using electrical energy generated by the Sindri Fertilisers and Chemicals Limited in their Electrical Department as licensees for supply of electrical energy to the premises of the company and also to Sindri town. All of them were convicted and sentenced by the trying Magistrate. They filed two appeals. They were heard by the learned Sessions fudge of Dhanbad. He maintained the conviction and sentence passed upon the petitioner but allowed the appeals of, and acquitted all the rest of the accused persons.

3. The prosecution case is that, during the relevant time, the petitioner was the President of the Sindri Workers Union. The union was recognised by the management, and quarters Nos. J/11 and J/12 of the company were allo