Rongon Mukhopadhyay, J.

Heard the parties.

1. This application is directed against the judgment dated 3.10.2007, passed by the learned Additional Sessions Judge, F.T.C. No. 1, Palamau at Daltonganj in Cr. Appeal No. 110 of 2004, whereby and where under the judgment and order of conviction and sentence dated 17.7.2004, passed by the learned Judicial Magistrate,1st class, Daltonganj in Rehla P.S. Case No.36 of 1999 convicting the petitioner for the offence under section 39 of the Electricity Act and sentencing him to undergo R.I. for two years has been affirmed.

2. The prosecution story in short is that the shop of the petitioner was raided by the informant party on 18.8.1999 at about 12 O’clock and it was detected that the petitioner was illegally extracting the electrical energy by inserting wire in the main line. Based on the aforesaid allegations, Rehla P.S. Case No. 36 of 1999 was instituted, in which after investigation, chargesheet was submitted under section 379 of the Indian Penal Code and section 39 of the Electricity Act. After cognizance was taken, charge was framed under section 39 of the Indian Electricity Act. In course of trial, five witnesses were examined by