ZWINGLEE ARIEL Vs. STATE OL MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal against the decision of the High Court of Judicature at Nagpur dated 20-9-1950, setting aside the order of acquittal passed by the Additional Sessions Judge, Nimar-Khandwa, on 9-1-1950 and convicting the appellant of an offence under S. 161, Penal Code and sentencing him to 9 months' rigorous imprisonment and a fine of Rs. 200 or, in default of payment of fine, to a further term of the three months of rigorous imprisonment.

(2.) One Shri Digvijay Singh, a minor, is the Malguzar and Muafidar of several villages including Amba, Selda and Balabad, which have extensive forest areas appertaining thereto. His mother Shrimati Rajendra Kumaribai is his guardian and manages his estate on his behalf with the assistance of one Radha-Krishna, who gets a salary of Rs. 600 per annum. The estate owns a bunglow known as Bedia Bungalow at Khandwa, half of which is occupied by Dr. S. M. A. Rahman, Civil Surgeon, and the other half by Shri Durga Narain Singh (husband of the sister of the minor's deceased father). Shri Rajendra Kumaribai used to stay with Durga Narain Singh at Bedia Bungalow whenever she used to go to Khandwa.

(3.) On 23-7-1946 four applications were made on behalf of the minor under S. 202, Central Provinces Land Revenue Act - three of them being for permission to cut the forest growth in those three villages and the fourth one for permission to cultivate the forest area of village Amba. These applications were sent by the Deputy Commissioner to the Divisional Forest Officer, Khandwa, for report. Between August 6 and August 13, 1947 the Divisional Forest Officer in his turn forwarded the said applications for report to the appellant who was then the Range Officer.