Judgment

S. K. DAS, J. : This appeal by special leave has been brought by the State of Bihar from the judgment and order of a learned single Judge of the High Court of Patna, dated 13th January 1955, by which the learned Judge set aside the conviction and sentence passed against the present respondent Basawan Singh and acquitted him of a charge under S. 161, Penal Code, on which charge he had been convicted by the learned Special Judge of Gaya by his judgment and order, dated 22nd May 1953.

2. It is necessary to state here very briefly the salient facts of the prosecution case. One Bhagwan Das (prosecution witness No. 7) had a ration shop at a short distance from police station Arwal in the district of Gaya. One of the persons entitled to receive rationed articles from the said shop was Mahabir Prasad (prosecution witness No. 10), who was a brother of a businessman named Parmeshwar Prasad (prosecution witness No. 11). Mahabir Prasad held a ration card for ten units, and on 4th October 1951, he purchased five maunds of wheat on the strength of his ration card from the shop of Bhagwan Das. A cash memo was issued for the purpose and the sale was entered in the register of the shop. Maha