STATE OF MAHARASHTRA THROUGH FOREST DEPARTMENT, MUL, DISTT. CHANDRAPUR Vs. VITHAL DADAJI RAJARE AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the State through its Forest Department against the respondents challenging the judgment and order dated 31/8/2001 passed by the Judicial Magistrate, First Class, Mul acquitting the respondents of the offences punishable under Sec. 33(1)(c) of the Indian Forest Act, 1927 and Sections 120, 447 and 427 read with Sec. 34 of the Indian Penal Code.

(2.) A summary criminal proceedings were initiated by the appellant against the respondents alleging that in the year 1998, when measurement of land survey No.13 was carried out through Surveyor by the appellant, it was noticed that this land, to some extent, was encroached upon by the respondents, although the entire land was belonging to the Forest Department, having been allotted to it by the State Government in the year 1963.

(3.) The respondents did not admit the particulars of the charge and claimed to be tried. The appellant, therefore, led evidence against the respondents. In all six witnesses were examined. Upon appreciation of the evidence available on record and consideration of the arguments of both the sides, learned Magistrate found that as the case was based upon the main allegation of encroachment upon the land by the respondents itself was not proved by the appellant, the other offences alleged against the respondents were also not proved and accordingly the learned Magistrate recorded his judgment and order of acquittal of the respondents. The present appeal is directed against the said judgment and order of the acquittal.