SHEOJI PRASAD @ SHEOJI BHAGAT SON OF RAMPRIT BHAGAT AND; MD TAHIR MUSLIM SON OF MOH LATIFUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted Under Section 7 of the Essential Commodities Act and sentenced to S.I. for six months by the Special Judge, Araria in Special case No. 25 of 1991 Tr. No. 11 of 1996 by a judgment dated 26.8.1996.

(2.) The case of the prosecution is that when the informant (P.W.1) along with P.W.2 visited the room belonging to the Appellants he found 91 bags of rice stored there which belonged to the Appellants.

(3.) During trial the prosecution in all examined ten witnesses. Out of whom, P.W.6 is formal witness and P.W.7 and P.W.8 have stated that they did not know anything about the occurrence whereas P.W.9 and P.W.10 are tendered witnesses. P.W.2 has admitted that he did not see any customer at the place of occurrence, whereas P.W.3, who was the owner of the premises, has merely stated that rice was stored in the said room on account of rainy season. P.W.4 has also stated that he did not see the Appellants selling rice to anyone which was also corroborated by P.W.1, the informant of the case.