ASHOK KUMAR HAZRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ashok Kumar Hazra, the appellant, stands convicted under Section 7 of the Essential Commodities Act, and sentenced to undergo rigorous imprisonment for one year. Feeling aggrieved, he has preferred tins appeal.

(2.) The appellant was running a fair price shop in Nildih, Jamshedpur in APril, 1985 and even prior thereto. According to prosecution he had charged Satyanarain P.W. extra by 19 paise per kg. of wheat vide cash memo (Ext.2) on 17-4-1985. The wheat was was then to be sold by him @ Rs 1.96 per kg but he had charged Rs. 2.15 per kg. That way, he had charged an extra amount of Rs 5.23 form Satyanarain P.W. for 27 kgs. and 500 grams of wheat. Consequent upon fiting of the complaint by Satyanarain P.W. before the authorities on 15-7-1985, the prosecution against the appellant was launched.

(3.) The appellant, in his examination, had denied the prosecution allegations and stated that he was innocent. He had maintained that his servant had unfortunately charged Rs. 5.23 extra from Satyanarain P.W. under a mistake and, he on hearing about the same, had returned that excess amount on 19-4-1985 and obtained a receipt in that behalf on the back of Ext. 2.