BHALCHANDRA ANANT DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr.Khambete for the appellant original complainant, Mr.Laxman Kanal, advocate appointed as amicus curiae for the respondent Nos.2 and 3 learned APP for the State.

(2.) This is an appeal against acquittal. Respondent Nos.2 and 3 - Accused Nos.1 and 2 were served but they did not engage any advocate nor they appeared before this court and therefore when the matter came for hearing, Mr.Laxman Kanal was appointed as amicus curiae by me and thereafter the appeal was heard. I must express satisfaction for the pains taken by Mr.Kanal who had tried to do justice to the best of his ability to the Respondents Nos.2 and 3 - accused Nos. 1 and 2.

(3.) Facts of the case are very simple. The appellant-complainant owned agricultural land at Village Nanar, Tahsil Rajapur, along with his elder brother Vasant Desai in his land i.e. Survey No.218 Hissa No.2. There were Raiwal mango three being very old, precious and valuable. One Hasain Abdulla Solkar was looking after this landed property i.e agricultural land. On 17.2.1992 Faiyaz, who was the son of Hasain Abdulla Solkar sent telegram to the complainant that the accused was cutting the old mango tree with the help of labourers. When the complainant received this telegram, he immediately sent telegraphic notice to the accused calling upon him to refrain from cutting the mango tree. However, the mango tree was cut by the accused on the next day through labourers and the wooden logs i.e. 27 pieces of cut wood were removed to saw mill.