BISHAMBHAR DAYAL 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 15.1.1988 passed by learned Special Judge E.C Act (District & Sessions Judge) Alwar (for short 'the trial Court') passed in Criminal Case No. 1/1984 whereby he convicted and sentenced the accused appellant for the offence under sections 3/7 and 9 of the Essential Commodities Act for each of offence for a period of six months' Rigorous Imprisonment and a fine of Rs. .500.00 and in default of payment of fine he shall further undergo two months' Simple Imprisonment.

(2.) Background facts in a nutshell are that on 1.11.1983 PW13 Brij Mohan Swami, Enforcement Inspector, District Supply Office, Alwar lodged a written FIR in Kotwali Alwar alleging therein that during the period from 11.1.1983 to 22.3.1983 the accused licensee Bishambhar Dayal made false entries of sale of 175 Liters of Kerosene oil in his distribution register and 25 litre of kerosene oil in Ration cards and thus committed an offence punishable under section 3/7 of the Essential Commodities Act.

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