SITA RAM Vs. REX

JUDGEMENT

(1.) This is an application in revision by Sita Ram who was found guilty of an offence under Rule 81, Defence of India Rules read with Section 11, U. P. Gur Control Movement Order 1945, and whose appeal was dismissed by the learned Sessions Judge. He was sentenced to rigorous imprisonment for four mouths and a fine of Rs. 100 with two months' R. I. in default by the Magistrate but the learned Sessions Judge has mposed a sentence of fine of Rs. 1000 in lieu of the sentence imposed by the Magistrate.

(2.) On 28th August 1946 one Nand Kishore, father of Sita Ram applicant, obtained a permit for carrying 92 maunds of Gur Shakkar from Ghaziabad to Farrukh Nagar, a village situated to the west of river Hindan within the district of Meerut. Ghaziabad is to the east of the river. After crossing the Hindan bridge, at a short distance, a kutcha road leads to the north of the bridge to village Farrukh Nagar. A pucca road runs between Hindan bridge and Shahadra in the province of Delhi, Shahadra being about five miles away from Hindan bridge to its west.

(3.) The prosecution case was that the applicant instead of carrying the goods to village Farrukh Nagar was carrying them towards Shahadra. On the road between Hindan bridge and Shahadra lies village Chak Umarpur where the applicant has a shop and at which place he was alleged to have put some more Gur Shakkar on the thelas and the police was said to have intercepted the thelas one furlong from the U. P; Delhi border before the thelas could reach Shahadra, The applicant's defence was that he-was arrested at a distance of half furlong front Hindan river from where he would have gone to Farrukh Nagar and that he was merely going from Ghaziabad to his shop at Chak Umarpur on a cycle, got out of order, he put it on the cart and also boarded one of the thelas.