MOHAN CHANDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision has arisen out of the judgment and order, dated 17 -2 -1997, passed, in Criminal Appeal No. 54 of 1996, by the learned Sessions Judge, Kamrup, dismissing the appeal and upholding the judgment and order, dated 4 -10 -1996, passed, in CR Case No. 999/93, by the learned Chief Judicial Magistrate, Kamrup, Guwahati, convicting the accused -petitioner under Sec. 16(1)(a)(i) read with Sec. 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the "PFA Act") and sentencing him to suffer rigorous imprisonment for three months and pay a fine of Rs. 1,000/ -.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows : -

(3.) During trial, the accused -petitioner pleaded not guilty to the charge framed against him under Sec. 16(1)(a)(i) read with Sec. 7 of the PFA Act. In support of their case, the prosecution examined two witnesses. The accused was, then, examined under Sec. 313 Cr.P.C. In his statement, so recorded, the accused -petitioner denied that he had committed the offences alleged to have been committed by him, the case of the defence being that of denial. In support of their case, the defence also adduced evidence by examining one witness.