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2001 DIGILAW 311 (PAT)

Laxmi Sah v. State Of Bihar

2001-04-06

INDU PRABHA SINGH

body2001
Judgment I.P.Singh, J. 1. Both Criminal Appeals No. 445 of 1989 and Cr. Appeal No. 449 of 1989 arise out of the same judgment and are being disposed of by this common judgment. 2. Both the appellants, namely, (1) Laxmi Sah and (2) Kishundeo Mahto of Cr Appeal No. 445 of 1989 and Ramswarath Chaudhary of Cr Appeal No. 449 of 1989 have been convicted under Section 7 of the Essential Commodities Act (hereinafter to be referred to as the Act) and were sentenced to undergo rigorous imprisonment for six months each. 3. The prosecution case in short is that on 12.2.1983 at about 3 p.m. about 50-60 villagers including Heera Bhandari, Narain Mahto. Bhuneshwar Mahto, Ram Anup Mahto Baldeo Bhagat and others of village Harpur came to the informant Ganesh Kumar Narain Singh. Mukhiya of Gram Panchayat Raj Dhankaul and informed him that one man of village Dharmpur was carrying controlled sugar for black-marketing after purchasing the same from the, fair price shop of accused Ram Swarath Chaudhary situated at village Harpur. It has been also stated that they chased him for a some distance and the said person after throwing the sugar fled away towards west. It has been also stated that after half an hour some villagers of Harpur came there along with the accused Kishundeo Mahto of village Parsauni after carrying the seized sugar on his head and told the informant that accused Ram Swarath Chaudhary dealer of the fair price shop of village Harpur sold the aforesaid sugar in the black marketing to a person of village Parsauni. On querry Kirshnadeo Mahto informed that his Malik Laxmi Sah has purchased 50 Kg. controlled sugar from the fair price shop of accused Ram Swarath Chaudhary at the rate of Rs. 4.25 paise per Kg. and out of 50. Kg. purchased sugar his Malik Laxmi Sah carried about 10 to 15 Kg. on his motor cycle and the rest sugar was being carried by him which has been caught and seized by the villagers of Harpur. It has been also stated that the informant PW 7 set the written report dated 12.2.1983 to the Officer-in-charge of Piprarhi for registering case with a copy to CO Piprarhi for information and necessary action. on his motor cycle and the rest sugar was being carried by him which has been caught and seized by the villagers of Harpur. It has been also stated that the informant PW 7 set the written report dated 12.2.1983 to the Officer-in-charge of Piprarhi for registering case with a copy to CO Piprarhi for information and necessary action. On the basis of the said written report Piprarhi PS Case No. 7 dated 12.2.1983 was registered under Section 7 of the EC Act and the FIR of the case was drawn up by one Sri Panch Muni Pandey, the then ASI of Police, who handed over the charge of investigation to one Shri Nawal Kishore Thakur, SI of Police, who submitted charge-sheet dated 23.2.1984 against accused Ram Swarath Chaudhary, Laxmi Sah showing accused Kishundeo Mahto as absconder under Section 7 of the EC Act. After completion of the chargesheet cognizance was taken and trial concluded with the result as indicated above. The appellants pleaded not guilty and have stated that they have been falsely implicated in this case due to enmity. 4. The prosecution in all examined 17 witnesses PW 1 is Ram Dhyan Rai, PW 2 is Ram Bilash Mahto, PW 3 is Hardeo Mahto, PW 4 is Ram Chandra Mahto, PW 5 is Heera Bhandari, PW 6 Ram Bahadur Rai, PW 7 Ganesh Kumar Narain Singh, PW 8 is Baldeo Bhagat, PW 9 is Jagdish Thakur, PW 10 is Panchmuni Pandey, PW 11 is Thakuru Thakur, PW 12 is Anup Mahto, PW 13 is Yogendra Mahto, PW 14 is Munilal Mahto, PW 15 is Bishwanath Thakur, PW 16 is Ram Bilas Mahto and PW 17 is Nawal Kishore Thakur. 5. PW. 7 the infromant has fully supported the case of the prosecution as narrated in the First Information Report about the sale of 50 Kg. controlled sugar by the accused Ramswarath Chaudhary in black market to Laxmi Sah at the rate of Rs. 4.25 per Kg. and also about the recovery of 35 Kg. sugar from the possession of accused Krishnadeo Mahto, who was carrying the same on his head to the place of Laxmi Sah. He has further stated that the appellant Kishnadeo Mahto brought before the Mukhiya where he confessed the entire guilt. 4.25 per Kg. and also about the recovery of 35 Kg. sugar from the possession of accused Krishnadeo Mahto, who was carrying the same on his head to the place of Laxmi Sah. He has further stated that the appellant Kishnadeo Mahto brought before the Mukhiya where he confessed the entire guilt. He has been cross examined at length but nothing has been found in his cross examination upon which the evidence adduced by him can be discarded. He has stated that on 12.2.1983 at about 3 p.m. he was going at his Darwaja and Heera Bhandari, Baldeo Bhagat, Narain Mahto. Yugeshwar Mahto and other persons of village Harpur came there and told him that one man of village Dharmpur after Purchasing the controlled sugar from the shop of accused Ram Swarath Chaudhary, dealer of Harpur was carrying the same on his head and after chasing the said man thrown the bag of sugar on the bundh and he tried to escape. He has further stated that after about 3/4 hours Ram Dhyan Rai, Ram Bilas Rai, Ram Bahadur Rai and others of village Harpur brought Kishnadeo Mahto along with 35 Kg. sugar kept in a bag on his head. He has stated that on querry accused Kishundeo Mahto stated that he is servant of accused Laxmi Sah of village Parsauni and his malik purchased about 50 Kg. sugar from the fair price shop of accused Ram Swarath Chaudhary out of which he took about 15 Kg. on his motor cycle and the remaining 35 Kg. sugar was being carried by him to the place of Laxmi Sah. He has further stated that the villagers of Harpur caught him along with sugar and they brought him to the place of village Mukhiya. He has further stated that he gave the written report to Police Station which was written by Panchayat "Sewak" Sitaram Sah and he put his signature over the same. He has further stated that on that date the SI and ASI of Police came to his place and seized the aforesaid 35 Kg. controlled sugar and prepared seizure list. In cross-examination he had stated that he did not record the confessional statement of accused Kishundeo Mahto separately and has also denied the fact that he had got enmity with accused Ram Swarath Chaudhary prior to the alleged date of occurrence. 6. controlled sugar and prepared seizure list. In cross-examination he had stated that he did not record the confessional statement of accused Kishundeo Mahto separately and has also denied the fact that he had got enmity with accused Ram Swarath Chaudhary prior to the alleged date of occurrence. 6. PWs 8, 9, 13 and 15 have fully corroborated the statement of PW 7 and they fully narrated the entire prosecution story about the alleged occurrence. PW 10 is the Investigation Officer of the case, who registered a case and invstigated the same. During his examination-in-chief he has stated that all the PWs have supported the prosecution case as true during the course of investigation before him. According to him prima facie case under Section 7 of the EC Act against all the appellants is made out for engaging in illegal trade of Public Distribution System of sugar PWs 12, 14 and 16 has been tendered. PW 17 is the second IO of the case. He took charge of the investigation of the case of the previous IO PW 10. He has stated that the investigation of the case was completed by PW 10. Therefore, he has submitted chargesheet. He has also supported the case of the prosecution against the appellants PWs 2, 3 and 4 have been declared hostile by the prosecution. Besides the oral evidence from the record, it appears that the prosecution has adduced some documentary evidence in this case. 7. On the basis of the oral as well as the documentary evidence adduced on behalf of the prosecution it is apparent that the allegations punishable under Section 7 of the Act has been fully proved against all the accused persons for selling and purchasing of 50 Kg. controlled sugar in black market by them. I do not find any reason to interfere with the conviction of the appellants. 8. Coming to the question of sentence, learned counsel appearing on behalf of the appellants have submitted that the occurrence took place in the year 1983 and the appellants are first offender and there is no criminal antecedent against them, therefore, it requires consideration on the point of sentence. 9. 8. Coming to the question of sentence, learned counsel appearing on behalf of the appellants have submitted that the occurrence took place in the year 1983 and the appellants are first offender and there is no criminal antecedent against them, therefore, it requires consideration on the point of sentence. 9. Keeping in view the submissions raised on behalf of the appellants that the petitioner had already undergone financial and mental crisis during prolonged litigations lasting for about eighteen years, therefore, it will not be proper to send them in jail again. In my view the ends of Justice will be met instead of awarding them sentence of imprisonment, they are sentenced to pay fine of 150/ each to be deposited by them within three months from the date of receipt/production of a copy of this order. In default of payment of fine, they will undergo rigorous imprisonment of one month. With the aforesaid modification in the sentence both the appeal are dismissed.