STATE OF MAHARASHTRA Vs. AJAY A. SHIRODKAR

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 22-3-2005 passed by Learned Metropolitan Magistrate, 42nd Court, Shindewadi, Dadar, Mumbai, acquitting the accused (respondents) of offence punishable under Sections 8 and 21 of Maharashtra (Urban Areas) Protection & Preservation of Trees Act.

(2.) Complainant - Sangita Dere (P.W.-1) is the Horticultural Assistant attached to S-Ward of BMC. P.W.-1 reported that a written complaint was received by her from one Ganesh Ambokar (P.W.-3) that the accused had cut the branches of some trees in the building that he resides. On the said complaint, P.W.-1 visited the spot and found that the branches of trees in the premises of building no.263/B where P.W.-3 was residing, were cut. Hence she filed a complaint accusing accused nos.1 and 2 for cutting trees without permission from the competent authority. On receipt of complaint FIR was lodged and one PSI Kamble filed an application for permission to investigate the case. Accordingly permission was granted under Section 155(2) of Cr.PC. Spot panchnama was prepared, statements of witnesses were recorded and both the accused were arrested. On appearance of the accused in court they were enlarged on bail. The accused pleaded not guilty and claimed to be tried, their defence is of total denial and according to the accused, informant (P.W.-3) is a defaulter of the society and there are disputes between P.W.-3 and the society for non payment of society dues and the accused are office bearers of the society. In view thereof, P.W.-3 has an axe to grind and filed this false case.

(3.) Prosecution led evidence of 5 witnesses to bring home the charge. PW.-1 - complainant Sangita Dere, P.W.-2 Bhagwan Rao Mundhe is the panch witness, P.W.-3 Ganesh Ambokar is the original complainant and resident of the building, P.W.-4 Ashok Chiplunkar is the eye witness and nephew of P.W.-3 and P.W.-5 PSI V. A. Rane is the Investigating Officer.