SACHHIDANAND S/O SHANKARLAL Vs. M P STATE

JUDGEMENT

(1.) This revision petition is arising out of the judgment passed by the 4 th Additional Sessions Judge, Dhar in Cr.A. 141/10 dated 4.2.2012 whereby, the sentence awarded to the petitioner by the court of J.M.F.C. for having committed offence under S. 3/7 and S.7(1)(A)(2) of the Essential Commodities Act (for short the Act) was maintained and sentence awarded to him for undergoing R.I. for six months with fine of Rs. 1000/- was confirmed.

(2.) According to the prosecution on 04.06.2001 President of Co-operative Society Bhagirath, Director Krishan Chandra, Assistant Accountant Harish Chandra made a complaint to the Food Inspector that the petitioner Sachhidanand who was working as salesman, had gone on leave and had not come back for few days. Thereafter the shop in question was inspected by the inspecting team in presence of President, Director and wife of the petitioner by breaking open the lock and at that time it was found that there mis-appropriation inasmuch as the stock found there was deficit which was equivalent to Rs. 31,046=75.

(3.) The trial Judge after recording evidence of the prosecution found the petitioner guilty of offence under S. 3/7 and S.7(1)(A)(2) of the Act and convicted and sentenced him with R.I. for six months with fine of Rs. 1000/- and default of fine, to undergo further R.I. for one month. The appellate Court confirmed the aforesaid order.