STATE OF M P Vs. SHABBIR

JUDGEMENT

(1.) APPELLANT -State through this appeal challenges the Judgment dated 29.1.1987 of the judicial Magistrate First class Alirajpur acquitting the respondents of charges under sections 379 IPC and 26(1) of the Indian Forest Act 1927 (for short 'the Act').

(2.) PROSECUTION story is that in the night intervening between 17th and 18th January 1983, the respondents (hereinafter called' the accused') through some tribals got teak trees felled from compartment No. 107 of Kathiwads Range and timber so obtained was removed in truck No. GTK 4438 belonging to respondent Shabbirali of Balawat Bhabra and taken to the residence of other respondent Shabbir son of Sadikali of village Udi (Gujrat). Udaibirsingh forest Guard (P.W. 1) on coming to know of felling of timber inspected the place, found the trees felled and went to Udi in Gujrat. He saw timber lying there and informed his superior officer S.S. Suliya (P.W. 13) who then accompanied by the staff, went to Udi and from near the house of Shabbir son of Sadik Ali. He sized in all 112 pieces of timber of teak wood there vide panchnama Ex. P/ 1 which was then brought to Kathidads. After unusual investigation challan was put up against the two accused persons namely Shabbir son of Sadik Ali and Shabbirali of Balawat Bhabra.

(3.) THE Judicial Magistrate First Class Alijrajpur by judgment dated 29.8.1987 found it not established that any timber was transported in the truck (No. GTK 4438) belong to accused Shabbir of - Balawat Bhabra or that it was seized from possession or house of Shabbirali of Udi with these findings, the learned Magistrate acquitted the two accused of the charges framed against them.