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1988 Supreme(Raj) 503

D.L.MEHTA
Birdhi Chand : Bal Shankar – Appellant
Versus
State of Rajasthan : State of Raj – Respondent


JUDGMENT

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 October, 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 agai





























































































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