STATE Vs. BABU MANDAL & ORS

JUDGEMENT

(1.) This Government appeal has been preferred against the impugned judgment and order dated 25.01.2002 passed by the Judicial Magistrate, Khatima in criminal case No.204 of 1996, State vs Babu Mandal & Others, whereby the Trial Court has acquitted the accused-respondents for offences punishable under Sections 379/411 of IPC and under Sections 26/41 of Indian Forest Act.

(2.) Heard Mr. P.S. Bohara, learned Assistant Government Advocate for the State and Mr. Ajay Singh, Advocate for the respondents and perused the lower court record.

(3.) Prosecution story, in brief, is that the First Information Report was lodged by Forest Guard Mr. Jait Singh Rawat in Police Chawki Saktifarm, Police Station- Sitarganj, District Udham Singh Nagar on 04.08.1996 with the averments made that, on 02.08.1996 at about 7:00 PM he alongwith Mahesh Chandra Joshi S.I., Trilok Singh Beat Watcher were on patrolling and they were coming from forest then they heard the voice of falling the trees and saw on spot that Vegraj, Babu, Sapan, Apurn Acharaya, Ratan, Mahadev Putiya, Paritosh, Bhagirath and Billu are cutting the green trees Sheesham and Teak, preparing the logs on spot about 3 to 4 feet radius 5 trees of Sheesham and about 2 to 3 feet radius 7 trees of Teak total 12 trees were cutting by them, when they asked these people about the cutting of trees then they threaten to them and gone side and also took away the axe and saw from the spot. Since they were in 9 numbers of persons, therefore, the Forest Officers could not take in possession and the information was sent on 03.08.1996. Recovery memo was prepared on 11.08.1996, from the forest area containing 23 logs of Sheesham and 19 logs of Teak. The Investigating Officer prepared the site plan showing the place and recovery of the logs and charge-sheet was submitted against the accused persons for the offences punishable under Sections 379/411 of IPC and under Section 26/41 of Indian Forest Act. Charges were framed on 29.08.1996 for offences punishable under Sections 379/411 of IPC and under Sections 26/41 of Indian Forest Act.