IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:-

HON’BLE JUSTICE CHAITALI CHATTERJEE DAS.

CRA 254 OF 2005 HARISADHAN PANDEY VS THE STATE OF WEST BENGAL For the Appellant : Mr. Mani Sankar Chattopadhyay, Adv.

Mr. Amajit Dey, Adv.

Ms. Shalini Singh, Adv.

For the State : Ms. Manisha Sharma, Adv.

Mr. Raju Mondal, Adv.

Last heard on : 12.08.2025 Judgement on : 18.11.2025 Uploaded on : 18.11.2025 CHAITALI CHATTERJEE DAS, J. :-

1. This appeal has been filed against the judgment and order dated February 17, 2005 passed by the Learned Additional Sessions Judge, 2^nd Court Purulia in Electricity G.R. case No. 65 of 2004 under Section 39 of the Indian Electricity Act and Section 379 of the Indian Penal Code, convicting the petitioner to suffer R.I. for 2 years and also liable to pay a fine in default of payment of fine of Rs. 1,000/-i.d to suffer further R.I. for 2 months.

Fact of the case

2. A complaint was lodged to the Officer-in-Charge Neturia Police Station, District Purulia on January 20, 2003 by Assistant Engineer, Raghunathpur W.B.S.E.B, Purulia against the present appellant alleging that on that date at about 2 P.M. to 2.30 P.M the said complainant along wi