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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Premnath Sahu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. conviction details and prosecution’s case (Para 1 , 2) |
| 2. arguments against the conviction (Para 3) |
| 3. court's reasoning and observations on evidence (Para 4 , 5) |
| 4. ruling on the conviction's sustainability (Para 6) |
| 5. final judgment and acquittal of the appellant (Para 7) |
JUDGMENT :
1. This is an appeal U/S. 374(2) of the code of criminal procedure, 1973 (in short “Cr.P.C.”) against the judgment of conviction and order of sentence passed on 02.02.1993 by learned Sessions Judge-cum-Special Judge, Bolangir in II(C) C.C. Case No. 04 of 1992 (Tr. No. 05 of 1992) convicting the appellant Premnath Sahu for commission of offence U/S. 7(1)(a) of the Essential Commodities Act, 1955 (In short “E.C.Act”) and sentencing him to undergo Rigorous Imprisonment for a period of three months.
3. It appears from the written notes of arguments of the appellant that in assailing the impugned judgment of conviction and the order of sentence, the appellant through his learned counsel Mr. S.Panda, submits that neither there is any evidence against the appellant for selling the kerosene oil nor at the relevant time, was he the owner of the shop in which the kerosene oil was allegedly seized an
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