BIRDHI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Birdhi Cband and Bal Shankar have preferred these appeals against their conviction and sentence imposed by the learned Special Judge (A.C.D.) Cases, Jaipur, vide his judgment dated, 1st Oct., 1986.

(2.) Prosecution story unfolded during the trial is that Rameshwar Dayal, P.W. 2 and Shri Ram P.W. 4 submitted written report Ex. P. 2, before Special Inspector General of Police (A.C.D.) Cases, Rajasthan Jaipur, on 11th May, 1981.

(3.) PW 2, Rameshwar Dayal and PW 4, Shri Ram submitted that they arc residents of Village Malakhera District Alwar and are doing business in food grains in Krishi Upaj Mandi Malakhera, It was also submitted that Shri Ram is doing business in the name and style of M/s Shiv Dayal Ram Niwas and Situ Ram Mangi Lal It will not be out of place here to mention that in all there were 16 shops of grain dealers in the Mandi and all of them had licence from Krishi Upaj Mandi and Supplies Department. Firm of Sita Ram Mangi Lal was not in the Krishi Upaj Mandi, but, it was in the Gandhi Chowk of Village Malakhera which is at a distance of about 1 K.M. On 28th April 1981, vide Ex. D. 1 a complaint was lodged before the Collector by a petty dealer against Shiv Dayal. It was submitted to the Collector that the Enforcement Staff of the Supply Department is taking false and frivolous actions against the petty dealers- It was also submitted that Shiv Dayal is the Sarpanch of the village and no action is being taken against him It will not be out of place here to mention that Shiv Dayal happens to be one of the big guns, politically as well as commercially of the village Collector passed the order Ex. D. 1 on 29th April, 1981 and directed the D. S. O to submit the report.