STATE OF M P Vs. JAMADAR

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of acquittal passed by the Judicial Magistrate, First Class, Schore, the State of Madhya Pradesh, has filed this appeal under Section 378 (3) of the Code of Criminal Procedure for setting aside the same. By the impugned judgment and order dated 24-7-91 the accused/respondents were acquitted of the offences punishable under Section 26 of Indian Forest Act (hereinafter referred to as 'the Act') and Section 379 of Indian Penal Code.

(2.) LEAVE to appeal was granted to the appellant/state on 8-2-93.

(3.) THE case of the prosecution, in short, is that complainant Ram Sukh Tiwari (P. W. 5) was a Forest Guard posted at Saliwara Beat. On 9-7-87, after the plantation work, while returning back from forest to his home Golchand (P. W. 3) and Saligram (P. W. 4) met him. Golchand informed him that in Saliwara Beat 5-6 persons are illegally felling the trees. He alongwith Golchand and Saligram proceeded to the place of occurrence and found that the respondents were felling Sagaun trees. When the respondents saw the Forest Guard, they took to their heels. The Forest Guard followed them to catch hold of them but was unsuccessful. He alongwith Saligram and Golchand remained at the spot throughout the night to guard the logs left by the accused persons.