RAMKHILAWAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant Ramkhilawan has been convicted under section 406 of the Indian Penal Code and sentenced to pay a fine of Rs. 500.00.

(2.) The prosecution story is that the applicant, as a member of the Gram Panchayat, Teonthar, was one of the distributors of powder milk to the children and pregnant women. On 24-10-66, two bags of milk powder were seized from the roof of R.T.S. bus going from Rewa to Bilaspur at Chak barrier. One Chhedilal travelling by bus was carrying milk powder to Allahabad. Ramkhilawan and Chhedilal came to be prosecuted for an offence under section 406 of the Indian Penal Code. Chhedilal has been acquitted, whereas Ramkhilawan has been convicted ane sentenced as aforesaid. The prosecution evidence is that the milk powder bags were loaded on the top of the bus from the house of Ramkhilawan and presumably were from out of the stock given to Ramkhilawan for free distribution.

(3.) The learned counsel for the applicant argued that there was no evidence that the bags were from out of the stock given for free supply. Accounts were kept by Ramkhilawan for the milk distributed to women and children. Those account books do not disclose any false entry nor has the prosecution collected evidence to suggest that the milk powder, in fact, was not distributed, but was falsely entered in the account books. There was no detection to the deficit stock. If the accounts were properly maintained as shown in the account books, it is difficult to say that these bags were out of the stock allotted for free distribution. It is again in evidence that such milk powder was available in the market. It was, therefore, the duty of the prosecution to prove the bag seized from the bus were out of the milk powder entrusted to Ramkhilaw an for face distribution and could not possibly be the stuff available in the market.