STATE Vs. MUTHU GOUNDER

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Judicial Second Class Magistrate No. 4, Salem acquitting the accused who has been charged for an offence under section 21(d), (e) and (f), read with sections 36-A and 36-E of the Tamil Nadu Forest Act, 1882.

(2.) THE allegation against the accused was that he was found in possession of seven sandalwood pieces of above 5 kilograms of the value of Rs. 745 in the Reserved Forest of Thirumanur on 17th June, 1978, at about 6-30 a.m. THE prosecution case is that this offence was detected by P.W. 1, Forest Range Officer, Rasipuram while he was on his usual rounds with the Forest and other officials of the Forest Department at the Reserve Forest in Thirumanur. As the accused had no licence he was arrested by P.W. 1, the Forest Range Officer, and hammer marks were placed on the sandalwood pieces and they were seized under a mahazar. THE accused gave a confession statement, Exhibit P-2, voluntarily which was written by P.W. 2, the Forester. Later, the Forest Range Officer laid the complaint before the Judicial Second Class Magistrate No. 4, Salem.

(3.) THE learned trial Magistrate found that out of the seven pieces of sandalwood, five alone contained the hammer marks and he. accorded the benefit of doubt and acquitted the accused. THE State has preferred this appeal against the judgment of acquittal.