DEONATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants have been convicted under Section 7 of the Essential Commodities Act and sentenced to undrgo rigorous imprisonment for three months each with a fine of Rs. 2,500 in default to undergo further sentence of rigorous imprisonment for one month.

(2.) PROSECUTION case in short is that on 1. 12. 1988 at 4. 30 a. m. the Informant Officer-in-Charge, Islampur P. S. got confidential information that in the Joint partnership mill of Deonath Prasad and Mahendra Ram the wheat belonging to FCI, Islampur had been stored on 30. 11. 1988 in the night. He after drawing S. D. entry bearing No. 512 organised a raiding party. He along with the si and other constables raided the mill premises on 1. 12. 1988 at 7. 00 a. m. in presence of two independent witnesses, namely, shymnandan Singh and Sri Bishwanath prasad and both the accused were also present at the time of raid. It has been stated that 25 bags of wheat including five bags containing mark of FCI were recovered and after recovery both the accused were asked to show the account for the same but they did not show any document. Hence the informant seized those 25 bags of wheat and prepared seizure list. The copy of the seizure list was handed over to both the appellants. On the basis of written report a formal FIR Ext. 5 was drawn at Islampur P. S. on 1. 12. 1988 at about 9. 00 a. m. and Investigation started. After completion of the investigation the officer-in-charge informant submitted charge-sheet against both the accused. Thereafter cognizance of the offence was taken for the offence under Section 414 of the Indian Penal Code and 7 of the Essential commodities Act and the trial started which concluded with the result as stated above.

(3.) IN support of its case the prosecution has examined eight witnesses in this case, pw1 is Ram Lagan Ram. He has been declared hostile, PW2 is Ram Balak Singh, constable PW3 is Krishna Kumar Singh, officer-in-Charge. Islampur P. S. He is informant of this case. PW4 is Ram Das Yadav, PW5 is Shatrughan Prasad. He has been declared hostile, PW 6 is Satya narayan Pandit. He has also been declared hostile, PW7 is Lallu Sao and PW8 is krishna Mohan Prasad, Supply Inspector.