RAM KISHUN Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused appellant Ram Kishun against the judgment and order dated 15.4.1988 passed by Special Judge, E.C. Act, Jalaun in Criminal Case No. 1 of 1984 convicting and sentencing the appellant for the offence punishable under Section 3/7 of the Essential Commodities Act (here-in-after referred to as the 'Act') to undergo three years and six months rigorous imprisonment.

(2.) The facts of the case, as unfolded by the informant Ramesh Chand, Senior Marketing Inspector (P.W.5), are that on 20.2.1983 at about 11.00 a.m., he alongwith Ram Asrey, Marketing Inspector and Gopal Krishna, Marketing Inspector inspected the government fair price shop run by accused appellant in Mohalla Tufail Purwa, town Orai, District Jalaun. Several card-holders were also present at the shop to take food-grains. Distribution of commodities was going-on and when distribution was complete / over, stock as also stock register was inspected and 22 kgs. wheat was found short. On the complaint of the card holders, sale register was also inspected. Fictitious and forged entries were made in the cards of Nasir Ali, Munim Khan, Nanhai, Zalim Singh, Smt. Ramwati, Jagannath, Ram Krishna Vishwakarma, Ram Kishun Verma and Nathu Ram. In some cards, entry regarding distribution of wheat was not found but in the sale register, entry was made. No discrepancy in the distribution of sugar was found. Thus, memo (Ext. ka-4) was prepared at the place of occurrence and matter was informed to the District Supply Officer and after obtaining permission, F.I.R. was lodged in the matter on the basis of sanction order granted by the concerned District Magistrate.

(3.) Investigation was started in the matter by the Investigating Officer. After completing the investigation, charge-sheet (Ext. ka-12) against the accused appellant was filed. Concerned Magistrate took the cognizance. Charge was framed against the present appellant for the offence u/s 3/7 of the Act and also against accused appellants Om Prakash and Munni Lal, who were acquitted during trial, for the offence u/s 3/7 of the Act.