ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has filed the present appeal against the judgment dated 9.1.1997 passed by the Special Judge, Gumla in G.R. No. 14 of 1987 whereby the learned Special Judge convicted the appellant under Section 9(ii) and under Section 7 of the Essential Commodities Act, 1955 and under Section 420, IPC and sentenced him to undergo R.I. for 5 years each under Section 9(ii) and under Section 420, IPC. He was farther sentenced to undergo R.I. for 1 year under Section 7 of the Essential Commodities Act. However, all the sentences were ordered to run concurrently.

(2.) THE prosecution case in short is that on 30.10.1986, Shri C.D. Ram, the District Supply Officer lodged the First Information Report stating therein that under the instructions of Deputy Commissioner, Gumla, he made an enquiry and seized two bags of sugar on a rickshaw near Gumla Palkot Road. On enquiry he came to know that a rickshaw puller Godai Lohra was taking the said two bags of Sugar on his rickshaw from the Public Distribution shop of the appellant, Ashok Kumar to the shop of Sardar Yogendra Singh. The said rickshaw was stopped by Kanta Lal Mahto and he reported the matter to the Deputy Commissioner, alleging that the appellant without selling the Sugar to the card -holders made all entries in the name of cardholders and was sending two bags of Sugar to the shop of Yogendra Singh for selling the same in black market. Both the two bags of sugar were seized in presence of witnesses. From the enquiry made by the Supply Inspector Bhagendra Uraon (PW 2); it appeared that Ashok Kumar committed several illegalities in the distribution of the articles.

(3.) IN order to prove its case, the prosecution has examined altogether 8 witnesses. PW 1 Prahlad Sao who is a formal witness. He has proved the formal FIR PW 2 Bhagendra Uraon is the Supply Inspector who is said to have made enquiries against the appellant. PW 3 Deo Charan Gope, PW 4 Rajbhallabh Mishra and PW 6 Bishwanath Sahu are the ration chard -holders. PW 5 Gadai Lohra, is the rickshaw puller. PW 7 Kanta Lal Mahto is a witness on the point of occurence and PW 8 Prabhu Dayal Sao is a formar witness.