KATHIA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the Criminal Appeals are in challenge of the judgment passed by the learned Additional Sessions Judge, Jajpur in S.T. No. 230/52 of 1989 corresponding to G.R. Case No. 338 of 1981 from the file of S.D.J.M., Jajpur whereunder Appellant in each of the appeals has been convicted for commission of offences under Ss. 307/34 of I.P.C. and under Rule 16 of Orissa Timber and other Forest Produce Rules, 1967 read with Sec. 46(2) of the Orissa Forest Act and sentenced to undergo R.I. for 3 years with fine of Rs. 7,000/ - for the offence under Sec. 307/34 of I.P.C. but no separate sentence has been passed for the other offence punishable under the Orissa Forest Act.

(2.) On 27.3.1981 F.I.R. was lodged at 3.40 P.M. in Sukinda Police Station by the then Assistant Conservator of Forest, Duburi alleging that on 26.3.1981 night getting information that smuggled timber was being transported by one truck bearing No. OR -U -5769 he and his staff went to Duburi Chhak at 2.00 A.M., waited there for the arrival of the truck and sometime thereafter, when the truck was found coming from Sukinda side, they signalled the truck to stop but the truck sped away heading towards Chandikhol. The forest officials chased the truck by their official jeep. On their way, in the process of such chasing, they noticed that the truck was in stationary condition near Pankapal. The forest jeep stopped behind the truck maintaining some distance. Seeing arrival of the jeep both the accused persons got down the truck. They were armed with bow and arrow. They sent arrows towards the forest officials. One wooden -tipped arrow struck P.N. Padhi, Forester and one arrow tipped with pointed iron plate, pierced into the left rear wheel of the jeep as a result of which the wheel got flat. Suddenly, the truck moved backward in high speed in an attempt to give a dash to the jeep. The jeep driver suddenly swerved the jeep to the extreme right side of the road as a result of which the A.C.F., who was sitting on the front seat of the jeep, got thrown out of the jeep, fell on the ground and sustained minor injuries on his person. The truck moved forward and sped away from the spot. After replacing the flat wheel the forest officials moved on in search of the truck but could not trace it out, despite extensive search at different places. Thereafter, F.I.R. was lodged.

(3.) The police registered the case under Sec. 379/307/34 of I.P.C. and Sec. 37 of Orissa Forest Act against both the Appellants and some unknown persons including the driver of the truck. In course of investigation the truck was seized and the Appellants and the driver of the truck were arrested. While in police custody, Appellant Nalini Kumar disclosed that the smuggled timber had been dropped in the water of a tank of village Gadamadhupur. On such disclosure, the logs were recovered from tank water and seized. On completion of investigation charge -sheet was submitted against five persons showing two of them as absconders. The Appellants and the driver of the truck faced the trial. While the driver has been acquitted the Appellants have been convicted and sentenced as indicated earlier.