STATE OF U P Vs. MOHAN LAL

JUDGEMENT

(1.) THIS appeal has been filed by State of U. P. against the order dated 3-8-1977 by Sri Ram Kishore, learned IV Additional Munsif Magistrate, Etah in case no. 383 of 1977 by which both the respondents were acquitted of the offence under section 3/7 of Essential Commodities Act read with Rule 114 of Defence of India Rules.

(2.) PROSECUTION story briefly Stated is that Mohan Lal, son of Mewa Ram, resident of village Kuramai, Police Station Kasganj, district Etah was a quota holder of Sugar on 23-8-75 His duty was to distribute the quota on ration cards to local consumers. It is alleged that in contravention of the rules, he sold four bags of sugar to Roop Chand, respondent no. 2, resident of Etah in black market. Mohan Lal approached informant Geetam(PW1) who was watching his maize crop to carry the sugar bags on hire on his carl from the village up to Kasganj at about 8/9 A. M. The informant agreed. Sugar was loaded in his cart in presence of Raj Pal Singh (PW 2), Turdi Lal (PW 3) and Shyam Lal. Informant informed about this shady deal to his co-villagers; who surrounded that cart ; Roop Chand took to his heels; informant carried sugar to police station Kasganj where he submitted written report Ext. Ka-1, scribed by Tursi Ram on 23-8-1975 at 0.10 P. M., distance of police station from the scene of occurrence was five miles. On the basis of this report First Information Report Ext. Ka-5 was drawn at police station by Head Constable Sobran Singh, who also seized sugar vide memo Ext. Ka-2 and registered a case in General Diary vide Ext. Ka-6. Writing of Sobran Singh was proved by investigator Sri Ram (PW 5) who was acquainted with the same and, took up investigation forthwith. Roop Chand was arrested on 31-8-75 at 4.45 P. M. by Investigator near statue of Mahatma Gandhi in Kasganj and brought under pardah to police station vide G. D. entry Ext. Ka-4. He was sent to Etah Jail on 1-9-75 ; he was put up for identification by Sri Preetam Singh, SDM on 1-10-75 after taking necessary precautions. Ten similar under trials were mixed in the parade of Roop Chand who was correctly identified by witness Rajpal Singh and Tursi who did not commit any mistake vide memo Ext. Ka-2. On completion of investigation charge sheet Ext. Ka-7 was submitted against the respondents.

(3.) LEARNED trial Magistrate disbelieved prosecution story and acquitted respondent.