STATE Vs. HARI RAM

JUDGEMENT

(1.) THIS appeal, preferred under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Code of Criminal Procedure) is directed against the judgment and order dated 13 -09 -1984 passed by Special Judge (Sessions Judge) Tehri Garhwal in Special Trial No. 2/1984 State v. Hari Ram and Ors. whereby, the learned Special Judge (Sessions Judge) has acquitted the Respondents under Section 3/7 Essential Commodities Act, 1955 read with Section 34 of Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.).

(2.) ON 17 -05 -2007, notice were issued to Respondent Nos. 2 and 3. In compliance of that order, Messenger, District Court, New Tehri has informed that Respondent No. 2 Hari Krishana has died in the year 1991. C.J.M. Tehri Garhwal, vide his report dated 4 -06 -2007 has informed that Respondent No. 3 Sardul Vikram has died before two to three years. Hence, the appeal against Respondent No. 2 Hari Krishna and Respondent No. 3 Vikram alias Sardul Vikram stand abated.

(3.) TO prove its case, prosecution has examined PW.1 Head Constable Govind Ram, PW.2 Sub Inspector, Chaju Singh Yadav, PW.3 Sub Inspector, Lalit Mohan Upreti, PW.4 Head Constable Shalig Ram Thapliyal, PW.5 Constable Satyapal Singh, PW.6 Chetan Prakash Sharma, S.S.I, and Investigation Officer. After that the statements of the Respondents were recorded under Section 313 Code of Criminal Procedure who have denied the allegations made against them, however they did not produce any documentary or oral evidence in their defence.