MALLA BHIMA RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order of conviction passed by learned Special Judge, Koraput, Jeypore, camp at Gunupur, dated 3rd May, 1988 in T.R. No.15 of 1987 convicting the appellant/accused under Section 7(1) (a) of the Essential Commodities Act (for short, "E.C. Act") and sentencing him to undergo R.I. for three months and to pay a fine of Rs.500/ -, in default to undergo imprisonment for a further period of 15 days.

(2.) THE factual foundation on which the prosecution based its case is reproduced in the following paragraph.

(3.) SINCE the accused pleaded not guilty the prosecution examined Sri John Moses Cotton as P.W.1, Sri Bairagi Charan Panda as P.W.2 and Sri B. Sudarsan Rao as P.W.3 and rest of the prosecution witnesses were declined by the prosecution. The weighment chart was exhibited as Ext.1, seizure list as Ext.2, Zimanama as Ext.3 and statement of the accused as Ext.4 on behalf of the prosecution.