KAPIL DEO SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 7 of the Essential Commodities Act and has been sentenced to undergo rigorous imprisonment for three months.

(2.) THE prosecution case, in brief, is that on 8.8.184 Bijay Kumar Sinha, Deputy Collector -cum - Assistant District Supply Officer, Sikrahana at Motihari raided the fair price shop of appellant, Kapildeo Sahni. It has been stated the consumers complained him at the time of raid that the appellant did not supply to them sugar though entry was made in the ration card. It was also complained that the appellant supplied kerosene oil in less quantity but double entry was made in the ration card. Thereafter the Addl. District Supply Officer got the list prepared which revealed that the appellant entered the supply of the articles in the ration card but actually no supply was made and no cash -memo was issued. In some cases quantity of supply was less than the quantity shown in the cash -memo. A written report was submitted by the Addl. District Supply Officer to the Officer Incharge, Chakiya on the basis of which a formal F.l.R. was drawn up. After completion of investigation the police submitted charge sheet against the appellant. Thereafter cognizance was taken and the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in support of its case has examined altogether 16 witnesses. P.W. 1 is Pradeep Sahni, P.W. 2 is Mohit Sahni. P.W. 3 is Chulhai Sahni. P.W. 4 is Singesar Sahni. P.W. 5 is Ram Yoti Sahni. P.W. 6 is Hulash Sahni. P.W. 7 is Lagan Sahni. P.W. 8 is Sadhu Sahni. P.W. 9 is Punit Sahni. P.W. 10 is Chandra Sahni. P.W. 11 is Narsing Sahni. P.W. 12 is Faguni Sahni. P.W. 13 is Ramchandra Sahni. P.W. 14 is Bijay Kumar Singh, Executive Magistrate. P.W. 15 is Jawahar Lal Sah. P.W. 16 is Kamod Prasad. Out of 16 witnesses, 11 witnesses i.e. P.Ws. 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 and 16 were declared hostile.