GANGARAM Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) The applicant was found carrying about three litre off milk in a brase-ware when he was asked by the Food Inspector, R.S. Agrawal" (P.W. 1) to sell to him milk for analysis. Accordingly, after stating that the milk was not for sale, the applicant sold 660 miligrame of milk of him and received price therefor. It is of significance to note that the applicant has with him another pot which he used as a measure and used it as such while selling milk to the Food Inspector. The contention raised on behalf of the applicant is that milk belonged to his master, Onkar Singh, (D.W. 2) and that he was taking it for delivering a part of it to R.L. Shrivastava (P.W.3), a teacher, who had earlier requested Onkar Singh for it. This version finds support from the evidence of Onkar Singh (D.W. 2) and Suratlal (D.W. 11 To some extent it finds support from the testimony of R.L. Shrivastava (P.W. 3) also although he had been declared hostile by the prosecution as lit did not support the case of the prosecution. Onkar Singh (D.W. 2) also state that he had some heads of cattle while the applicant had none and that be had employed the applicant to look after them and to milk the cows and buffalows.

(2.) The fact that the applicant was carrying milk in bulk and having a pot which he actually used as a measure while selling milk to fit Food Inspector lends support to the prosecution case that the applicant a milk-vendor. I have, therefore, no hesitation in negativing the applicant contention that he was not a milk-vendor. His conviction Is therefor, upheld.

(3.) All the same, the circumstances of the case do not warrant award of severe punishment. The facts do indicate that the applicant was only obeying his master's command. His employer Onkar Singh (D.W. 2) does not disown the milk in question belonged to him and that he had asked him to be carried and delivered to others The applicant is also found to be possessing no cattle nor has he been shown to be purchasing milk from others for sale. I, therefore, feel that a minimum jail sentence and the fine already imposed shall meet the ends of justice.