RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - By filing instant criminal appeal under section 374 Cr.P.C, the accused appellant has challenged the Judgment of conviction and sentence dated 23.8.1988 passed by learned Special Judge (Session Judge) Jhalawar (for short the trial Court') passed in Criminal Case No.70/1987 whereby he convicted and sentenced the accused appellant for the offence under sections 3/7 and 9 of the Essential Commodities Act for a period of one year Rigorous Imprisonment and a fine of Rs. .2,000/- and in default of payment of fine he shall further undergo four months Rigorous Imprisonment.

(2.) Background facts in a nutshell are that PW1 Ghanshyam Dass, District Supply Officer submitted a complaint to the police mentioning therein that the accused appellant was not distributing the ration articles in village Golana as per the licence conditions and used to sell the goods from Khanpur where he resides. It was also mentioned in the complaint that he used to take Rs. .5/- kg. of sugar at the place of 4.80. Wrong entries were also made in the distribution register of distribution of sugar and those entries were not done in the ration cards of the holders of the same. The accused appellant also gave sugar to one Bheru Lal when he had no ration card on his name and some times sugar has been distributed twice, thrice or four times on the names of ration holders.

(3.) On the basis of this FIR the police investigated the matter and filed the charge sheet against accused appellant.