This is a criminal revision case filed by P.W. 1, K. Sundaram, Assistant Divisional Engineer, Tamil Nadu Electricity Board, Erode, against the judgment dt. 12-8-1983 in C.C. No. 752 of 1982 on the file of the learned Judicial First Class Magistrate, Erode, acquitting the accused S. P. Rajamanickkam, the first respondent herein, under S. 248(1), Cr.P.C. finding that the prosecution has not proved its case against him beyond all reasonable doubt.

2. The case of the prosecution is that prior to 12-10-1982, the first respondent herein has committed theft of 6136 units of electricity the cost of which is Rs. 12, 272/- from the service connection bearing S.E. No. 361/K which service connection had been given in his favour for running a powerloom situate at M.G.R. Street, Veerappan Chatram, Erode. The charge-sheet had been filed against the first respondent herein under S. 39 of the Indian Electricity Act, 1910 as well as under S. 379, I.P.C

3. On behalf of the prosecution, P.W. 1, K. Sundaram, P.W. 2, Shanmugasundaram and P.W. 3 Thangaraju, Sub-Inspector Western Region, Crime Branch, North Police Station Erode, were examined and Ex. P-1, the report given by P.W. 2, Assistant Di