FATEH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397, Cr.PC 1973 against the order of the learned Additional Sessions Judge, Bhilwara dated October 9, 1980 by which he confirmed the conviction of the accused -appellant under Section 7 read with Section 3 of the Essential Commodities Act (here in after referred to as 'the Act') for contravening Clause 3 of the Rajasthan Guest Control Order, 1972 (here in after referred to as 'the Order') and sentence of three months rigorous imprisonment with a fine of Rs. 5000/ -. The facts of the case giving rise to this revision may be summarised thus.

(2.) ON 5 -8 -1974, A.S.I. Girdhari Lal PW 8 came to Maheshwarion -ka -Nohara, situated in Ward No. 6 on Bhilwara. He found there that the accused Fateh Lal was arranging a Mrityu Bhoj on the eve of the death of his fathar. Prepared articles and food stuff for about 200 persons were found there. On his report Ex. P/11, a case under Section 7 Rule with Section 3 of the Act was registered and investigation was commenced. He seized the food articles and food stuff and auctioned them for Rs. 530/ -. Other articles and utensils were also seized and given in Supardgi. After he completing investigation, a challan was filed against the accused -petitioner, Mohan Lal and Chauthmal in the Court of the Chief Judicial Magistrate, Bhilwara. The learned Chief Judicial Magistrate framed a charge under Section 7 read with Section 3 of the Act and Clause 3 of the Order against all the accused -persons. The prosecution examined eight witnesses and produced and proved 13 documents. All the three accused -persons denied the prosecution story. After hearing the parties, the learned Chief Judicial Magistrate acquitted the co -accused Mohan Lal and Chauthmal and convicted the accused Fateh Lal as said above. His appeal was also dismissed by the learned Additional Sessions Judge, Bhilwara by his judgment which has been challenged in the revision.

(3.) THE learned Public Prosecutor tried her best to support the judgment under revision. The learned Chief Judicial Magistrate, Bhilwara framed charge against the accused to the effect that on August 5, 1974, he arranged a 'Bhoj' on the 12th day of the death of his father for 200 persons and got prepared for them 'Laddu', 'Barfi' and other food articles and there by he has committed an offence punishable under Section 7 read with Section 3 of the Act and the Rajasthan Guest Control Order. Admittedly, 'Mrityu Bhoj' for less than 100 persons was and is permissible under the Rajasthan Guest Control Order and Rajasthan Prevention of Mrityu Bhoj Act. To sustain a conviction for the breach of Clause 3 of the Order, it is necessary to prove that the 'Mrityu Bhoj' was arranged from more than 100 persons. Admittedly, no person was found eating when the police raided Mabeshwarion -ka -Nohara. The site plan Ex. 1 mentions that besides the two Halwaies, 5 -7 children, Mohan Lal, Meetha Lal, Kanhaiya Lal, Radha Kishan and Basanti Lal were found there. The seizure memo Ex. P 2 shows that the following food articles and stuff were found there and seized by the police: (1) 64 Kgs. of 'Laddu'; (2) 25 Kgs. of 'Barfi'; (3) 20 Kgs. of wheat and floor; (4) 4 Kgs. of Wet,' wheat floor; (5) 4 Kgs. of boiled potatoes; and (6) 4 Kgs. of used Ghee. On the basis of there food articles and stuff, the learned lower courts held that the accused Fateh Lal arranged 'Mrityu Bhoj' for 200 persons and accordingly convicted and sentenced him as said above. Not a single prosecution witness the including ASI, Girdharilal PW8 has said that these food stuff and articles were sufficient for 'Mrityu Bhoj' of 200 persons. Conviction can be based only on the legal evidence and not on the surmises. But the version that in the circumstances of a case it was difficult for the prosecution to get independent and direct evidence, cannot be a ground to dispense with such evidence. Conviction of the accused cannot be sustained on the basis of conjectures, suspensing even a strong probability of guilt.