STATE OF MAHARASHTRA Vs. BHATU KESHAVRAO MARATHE

JUDGEMENT

(1.) THIS is an appeal by the State challenging the acquittal of the respondent accused upon a charge under section 7 (1) (d) of the Protection of Civil Rights Act, 1955.

(2.) THE prosecution case is that one Sambhaji Indave is a Forest Guard whose beat includes amongst others two villages Aslod and Doodkheda. The Forest Guard was provided with a government residential quarter at Aslod at a short distance from the public road and quite opposite is a flour mill.

(3.) ACCORDING to the prosecution, the complainant Forest Guard in the usual discharge of his duties to prevent illegal collection and appropriation, transport, etc. , of forest produce, saw the respondent-accused at about 6. 00 p. m. on 30th December 1981 on his tractor to which a trolley was attached. The trolley was full of manure. On the premise that the forest manure was a forest produce, the complainant stopped the accused on the road and made an enquiry as to whether he had a permit to collect and transport the manure. The accused replied that no such permit was necessary. The accused also retorted to him that the complainant was free to take such action against him as he might consider necessary, if manure was forest produce. With that remark the accused is alleged to have driven away his tractor to his village Doodhkheda.