RAJESH SUNDERLAL VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Sessions Judge, Raisen passed the impugned judgment dated 7.8.1995 in S.T. No. 3/90 whereby appellant has been convicted under Section 3/7 of Essential Commodities Act, 1955, for contravention of Section 3(3) of the M.P. Sugar Dealers Licensing Order, 1963 and sentenced to Rigorous Imprisonment for one year with fine of Rs. 5,000/- with default stipulations.

(2.) PROSECUTION case in short is that on 8.6.1990 Head Constable, Rajesh Singh (PW6), received an information that sugar of Government Fare Price Shop, which was issued to co-accused Leeladhar for distribution to the public was illegally kept in the house of appellant Rajesh Vishwakarma. Rajesh Singh (PW6) after having recorded Rojnamch Sanha, reached to the house of appellant Rajesh Vishwakarma and found five bags of sugar in his house, same was seized vide Ex.P/8 in presence of Panch Witnesses. The said sugar was weighed and found four quintal and thirty eight kilograms. Panchnama Ex.P/6 was prepared in this regard. Thereafter, an offence was registered under Section 3/7 of the Essential Commodities Act against the appellant and co-accused Leeladhar.

(3.) APPELLANT/accused abjured the guilt and pleaded that he has been falsely implicated.