DANI SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has been convicted under Sections 406 and 471 of the Penal Code, and has been sentenced for each offence to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- or, in default, to undergo further rigorous imprisonment for six months. The substantive sentences of imprisonment have been ordered to run concurrently.

(2.) Petitioner Dani Singh holds a fair-price shop at Kuserhi Centre. He was supplied on behalf of the Government with 84 maunds of wheat on payment of its price and sales tax. The prosecution case is that there is an ad hoc committee for Kuserhi Centre, and that the petitioner was instructed to sell the wheat to residents of villages Kuserhi, Mahmada, Dumri and Bhadrathi on slips issued by members of that committee. The petitioner did not carry out the instructions, and sold wheat to whomsoever be liked perhaps charging black market prices. Under the orders of the Block Development Officer (P. W. 2), the Circle Inspector (P. W. 6) went to village Kuserhi, and took possession of the stock register and the sale register from the petitioner. He found that there was no stock of wheat left with the petitioner.

(3.) On the facts mentioned above, charges for offences under Sections 406, 465, 468 and 471 of the Penal Code were framed against the petitioner. Subsequently, a charge for an offence under Section 7 of the Essential Commodities Act was also framed against him. The trying Magistrate convicted him for all the offences with which he was charged; but the Additional Sessions Judge of Monghyr, who heard the appeal, set aside the petitioner' s convictions under Sections 465 and 468 of the Penal Code as well as his conviction under Section 7 of the Essential Commodities Act. He maintained the petitioner's convictions and sentences only under the two sections which I have mentioned.