GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Sessions Judge, Churu who has convicted the petitioner under Section 3/7, Essential Commodities Act and Sentenced three months imprisonment and fine of Rs. 500/-, in default of payment of fine further undergo three months' simple imprisonment.

(2.) THE facts in brief are that one Motiram complained to Tehsildar that petitioner Girdharilal on 25. 12. 76 arranged lunch for more than 100 persons in violation of the provisions of Section 3/7, Essential Commodities Act. On this complaint, Tehsildar verbally instructed Enforcement Inspector Shri Jagdish to find out the facts. He went to the house of Girdharilal petitioner on 25. 12. 76 and found that there was huge gathering at his residence. He had invited the persons for food on the occasion of his father's death. He also found that some food was already prepared and served. Some food was seized. Statements of various persons recorded. Seized food was handed over to Doongar Singh and later on that food stuff was destroyed. A case was registered. Prosecution examined as many as six witnesses which includes Shri Jagdish, Food Inspector, Motiram, Gopal, Umrao, Arjun and Doongar Singh. Except Jagdish all five witnesses were declared hostile as they did not support the case of prosecution. In defence, the accused petitioner submitted that he provided on twelth day of his father's death to 20,25 persons and he did not violate any provision of Essential Commodities Act. Learned Magistrate, Churu, relying on the statement of Shri Jagdish, Enforcement Officer, convicted the accused-petitioner Girdharilal and sentenced him to undergo three month simple imprisonment and pay fine of Rs. 500/-, in default to further undergo simple imprisonment for three months, Being aggrieved, he went in appeal before the learned Sessions Judge, Churu. Learned Sessions Judge, Churu dismissed the appeal of accused petitioner. Being aggrieved from the Judge, accused-petitioner filed this revision petition before this Court.