GYAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 8.3.83 passed by Sessions Judge Etah dismissing the appeal preferred against the judgment and order dated 27.1.83 passed by VIth Additional Munsif Magistrate Etah convicting the accused under Sec. 411 I.P.C. and sentencing him to undergo rigorous imprisonment for one year. The appeal was partly allowed and the conviction of the revisionist under Sec. 379 I.P.C. and sentence awarded for this offence was set aside.

(2.) Briefly put the prosecution case is that on 5.12.80 Range Officer was informed that some person had cut away a Sheesham tree standing on the 37th Mile of Lower Ganges Canal Patri and were getting it sawn on the saw-mill of Rajendra Nath Gupta. The Forest Range Officers accompanied with other employees of the Forest department reached at the saw mill of Rajendra Nath Gupta and found Gyan Singh accused getting the wood sawn. On enquiry he confessed his guilt that he along with some other persons had cut the Sheesham tree on 4.12.80 and his other associates had taken some sawn timber in the village. After giving the timber found at the saw-mill in the supurdgi of Bhupendra Nath Gupta the Range Officer along with Gyan Singh went in the village where he found some planks concealed in a grove in fodder which he took into custody and gave in the supurdagi of Gram Pradhan after usual investigation he submitted charge-sheet.

(3.) The learned Magistrate as also the learned Session Judge believed the evidence of the Range Officer and Sri V.K. Randev. They found them to be independent witnesses. The learned Sessions Judge also accepted the opinion given by the Range Officer that the timber found on the saw-mill was from a tree standing on canal bank.