STATE OF GUJARAT Vs. HIRABHAI VAJABHAI KOLI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 12.01.2005 rendered by the learned Judicial Magistrate First Class, Visavadar, in Criminal Case No.01 of 1994. The said case was registered against the present respondentsoriginal accused for the offences punishable under Sections 26(f), 26(d) and 41(2)(b) of the Indian Forest Act and under Sections 27(1) and 31 of the Wild Life Protection Act, 1972 .

(2.) ACCORDING to the prosecution case, cattle on 13.03.1993, when the complainant was discharging his duty as a Range Forest Officer in Visavadar Range, he received an information that some people were cutting and removing the teak wood from Lilapani Round's Roshali Bit. Therefore, the complainant rushed to the spot alongwith his staff in the morning. At that time, at about 7:00 o'clock, three persons came with camel with plank of teak wood. The complainant called them and tried to detain them. All the respondentsaccused tried to run away. Respondent Nos.1 and 2accused were arrested and respondent No.3accused run away from the scene of offence leaving behind his camel. 60 teak wood planks tied with the camel, which were seized after following due procedure. When the complainant reached to the scene of offence with the respondentsaccused, he found 84 trees were cut off and 24 planks of teak wood were found and thereby, the respondentsaccused trespassed and committed the alleged offence. As a result of which, a complaint was filed by the complainant for the offences punishable under Sections 26(f), 26(d) and 41(2)(b) of the Indian Forest Act and under Sections 27(1) and 31 of the Wild Life Protection Act, 1972. Thereafter, the investigation was carried out by the Investigating Officer and statements of the witnesses were also recorded by the Investigating Officer. Thereafter, chargesheet was filed against the respondentsaccused before the learned Judicial Magistrate First Class, Visavadar, which was registered as Criminal Case No.01 of 1994.

(3.) ON the basis of above allegations, charge was framed vide Exh.26 and readover and explained to the accused for the offence punishable under Sections 26(f), 26(d) and 41(2)(b) of the Indian Forest Act and under Sections 27(1) and 31 of the Wild Life Protection Act, 1972. The respondentsaccused pleaded not guilty to the charge and claimed to be tried.