SHIVBHAJAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 02-07-2001 passed by the Special Judge, Surguja (Ambikapur), C.G. in Spl. Criminal Case No. 205/1996 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) In brief the prosecution story is that one person namely Dwarika Prasad was the registered owner of a tempo bearing registration No. MP/27/B-1586. He had appointed appellant as driver for the tempo. On 17-08-1996 co-accused Prahlad approached Dwarika Prasad and told him that he has a drum of kerosine which to be delivered at Ashok Petrol Pump. Dwarika Prasad asked the appellant to go along with tempo. Co-accused Prahlad loaded 200 ltr kerosene on the tempo and asked the appellant to deliver it at Ashok Petrol Pump. On the secret information of PW2 Sub Inspector B.S. Kerketta seized the tempo along with 200 litres kerosene from appellant at Ashok Petrol Pump. He had no licence for keeping kerosene. After completion of the investigation a charge sheet was filed against him and co-accused Prahlad under Sec. 3/7 of the Essential Commodities Act, 1955 (hereafter called as 'EC Act'). Trial Court framed charge punishable under Sec. 3 read with Sec. 7 of the EC Act against appellant and co-accused Prahlad. They abjured allegation levelled against them and faced trial. To bring home the charge, the prosecution examined as many as 4 witnesses. They did not examine any witness on their defence. After conclusion of trial, the trial Court convicted and sentenced appellant as aforesaid however acquitted co-accused Prahlad from the charge punishable under section 3/7 of the EC Act.

(3.) Being aggrieved, the appellant has preferred this criminal appeal raising various grounds.