OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal appeal under Section 374 Cr.P.C., the accused appellant has challenged the Judgment of conviction and sentence dated 30.7.1988 passed by learned Special Court, Essential Commodities Act, Jaipur (for short 'the trial Court') passed in Criminal Case No. 11/1986 whereby he convicted and sentenced the accused appellant for the offence under Sections 3/7 and 3/9 of the Essential Commodities Act for a period of six months and a fine of Rs. 1,000/- and in default of payment of fine he shall further undergo one month Rigorous Imprisonment. Background facts in a nutshell are that PW. 16 Babulal Meena, Enforcement Inspector inspected the premises of M/s. Om Oil Traders, Lalsot. The inspection revealed that in the record of 15.3.1985 there was some interpolation. The sale of 490 liters of Kerosene was sown as 790 liters. The physical verification disclosed shortage of 8 liters of kerosene. Upon this a case under section 7/16 of the Essential Commodities Act was registered against the accused appellant.

(2.) The accused appellant was read over the charge in substance for the aforesaid offence. The accused appellant did not plead guilty and claimed to be tried.

(3.) The prosecution in support of its case produced as many as 18 witnesses and certain documents were got exhibited.