KARTAR SINGH AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 28.11.1998/1.12.1998 passed by Additional Sessions Judge, as Special Judge under Essential Commodities Act, Rohtak vide which the appellants were convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for four months.

(2.) According to the prosecution, the two dispensing units for supplying of petrol and one unit for diesel installed at the petrol pump owned by Sidharth Nanda appellant, were found to be short measuring the supply. The first unit was found to be giving the reading of 5.05 litres against the actual delivery of 5 litres, second one giving the reading of 5.1 whereas the third unit for supplying diesel was giving the reading of 5.25 litres. Sukhbir appellant was kept by Sidharth Nanda as its Manger to run the petrol pump whereas Kartar Singh appellant was a Salesman. Stock register of petrol and diesel as well as density register were not found at the petrol pump.

(3.) Learned Counsel for the appellants has submitted that he does not challenge the conviction of the appellants for the aforementioned offence. However, he has submitted that the appellants have been facing the agony of criminal prosecution since April 1997. None of the appellants is a previous convict. Kartar Singh appellant has two sons and two daughters and he himself is the sole bread winner of the family. Sukhbir appellant has four daughters and a son and himself a sole bread earner of the family. Similarly, the father of Sidharth Nanda appellant has already expired and he has to look after his old and sick mother. Therefore, the substantive sentences of the appellants be reduced to that already undergone by them.