STATE OF MAHARASHTRA Vs. MAHIPATI KRISHNA INGAVALE

JUDGEMENT

(1.) In these appeals by special leave at the instance of the State of Maharashtra the question of the scope of S. 377 (1) and (2), Cr. P. C. arises for consideration.

(2.) The State preferred appeals against the inadequate sentence awarded by the trial court in each of the three cases tried for offences under S. 33 (1) (c), (f) and (h) of the Indian Forest Act. The sentence was a nominal fine of a few rupees in each case.

(3.) The High Court rejected the appeals as incompetent on the ground that the State of Maharashtra was not entitled to prefer the appeals under S. 377 (1), Cr. P. C. The High Court held that since the offences were under a Central Act and the investigation of enquiry was conducted only by Forest Officers under the provisions of the Act the Central Government alone was competent to prefer the appeals under S. 377 (2), Cr. P. C. However, the High Court also dealt with the merits of the appeals and held that there was no justification for interfering with the sentence in all the three cases.