STATE OF ORISSA Vs. LADRA SINGH

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal passed by the learned Sub-Divisional Judicial Magistrate, Udala in 2(b) C. C. Case No. 69 of 1995 (Trial Case No. 564 of 1995) acquitting the respondent of the charge under section 21 of the O.T.T. Rules.

(2.) The case of the prosecution is that on 25.8.1995 night Forest Guard (P.W. 4) and others during return from their patrol duty from Phulbaria forest area near village Jamudiha, found the respondent carrying four numbers of hand sawn sal sizes on his bicycle. Therefore, necessary seizure of those sal sizes along with bicycle was made. Finally prosecution report being submitted the respondent faced the trial. In the trial the respondents took the plea of complete denial.

(3.) Prosecution in order to establish their case has examined four witnesses who are the forest officials. P.W. 1 being the Forester, P.W. 2 is the watch man attached to O.F.D.C. and P.Ws. 3 and 4 are two other forest guards. Prosecution has also proved the seize list Ext. 1/2. The defence has not tendered any evidence.