DARBAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment/order dated 23/04/2019 passed by 1st Additional Sessions Judge, Nasrullahganj, Distt. Sehore in Criminal Appeal No. 21/2018 and 22/2018 whereby affirming the conviction and sentence passed against each applicant for the offence punishable under Sections 332/34 of IPC (three counts) and sentenced to undergo two years RI and fine of Rs. 200/- with default stipulation in Regular Trial No. 50/2011 passed by JMFC, Nasrullahganj, Distt. Sehore vide judgment dated 23/12/2017.

(2.) The case of prosecution against the applicants, in short, is that in the night of 16th January, 2011 Forest Department got information that some persons illegally transporting the teak logs in motorcycle, Forest Officer including Rajesh Mesram, Lalit Kumar Kewat, Musharrf Gouri, Rajesh Shukla, B.S. Tomar were duly instructed to catch miscreants. All persons, after calling for the duty, strategically gathered and hide themselves nearby road where from motorcycle was expected to move. At about 6.30 a.m. they found that one motorcycle was coming, then strategically stopped the motorcycle. Applicants-Devi Singh and Makhan alias Makku were riding of the motorcycle having teak logs. After some time, they found second motorcycle was coming, they stopped the motorcycle, applicants-Darbar and Jashrath were riding over the said motorcycle having fresh cut teak logs. When forest employees started to proceed for seizing motorcycles and logs another two motorcycles came on the spot; in one motorcycle applicant-Mahesh and Jugan were riding and having fresh cut and pealed teak logs and in another motorcycle applicants-Ganesh and Chandar having fresh cut and pealed teak logs. When the forest employees started proceeding of seizure and other formalities, all the applicants started assaulting on them prevent them for doing the investigation work, dashed by the motorcycle and also by the logs tied on the motorcycles. Manohar Singh, Dy. Forester, Forest guard Rajesh Meshram and Lalit Kumar Kewat sustained injuries. After beating the complainant party, all the applicants fled away from the spot left behind the motorcycle and logs on the spot.

(3.) The matter was reported to Police Station on the same day at about 9.45 a.m. Police registered Crime No. 21/2011 for the offence punishable under Sections 353, 332/34 of IPC and sent all the injured for medical examination. Dr. Manish Saraswat examined the injured and found that the injured sustained the injuries. After completion of investigation, charge sheet came to be filed before the Court of C.J.M. against all the applicants including accused-Jashrath and Makhan alias Makku.