STATE OF MADHYA PRADESH Vs. NAND KISHORE

JUDGEMENT

(1.) ON behalf of the State of M.P. this appeal is preferred under Section 378 of Cr.P.C. being aggrieved by the judgment dated 17.6.1994 passed by the Judicial Magistrate, 1 st Class, Betul in Criminal Case No. 3828/1993 extending acquittal to the respondent no. 1, so also the respondent no. 2 (since deceased) from the charge of Section 435 of IPC and Section 33 (1) (d) of the Indian Forests Act, in short "The Act".

(2.) THE facts giving rise to this appeal in short are that on dated 8.4.1990 at about 8 o'clock in the night in the Reserved Forests of village Padhar with some fire took place, on which with the assistance of some Panch witnesses the respondents were caught hold from the place of such Incident of fire. The statement of concerning Panchs as well as of the respondents were recorded by the official of the Forests Department. Some Panchanama were also prepared and after registering the POR in respect of the forest offence, a report in writing for registration of the offence was sent to SHO, PS. Ranipur, district Betul, on which a Crime No 12/90 was registered at such Police Station against the respondents for the offence of Sections 435, 447 of IPC and Section 33 (1) (d) of the Act. After holding investigation the respondents were charge sheeted for the aforesaid offence. On framing the charge of Section 435 of IPC and Section 33 (1) (d) of the Act against the respondents, they abjured the guilt, on which the trial was held, in which as many as eight prosecution witnesses were examined. On appreciation the respondents were acquitted from the alleged charge, on which the State has come forward to this court with this appeal.

(3.) HAVING heard the counsel at length, keeping in view their arguments, I have carefully gone through the record of the trial court including the evidence led by the prosecution, so also the marked papers of the charge sheet alongwith the impugned judgment.