PRAHALAD PARIDA AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 379 I.P.C. for alleged removal of a neem tree from plot No. 395/1360 in Mouza Sinduria. This plot lies in Anabadi holding No. 385 and adjoins plot No. 395 admittedly belongs to Petitioner Prahalad and the whole plot was recorded in his name before the subdivision. His case is that before the subdivision of this plot during he recent survey and settlement proceedings the entire plot was in his possession and, the tree standing on it which he cut, was in his possession. After the subdivision of the holding, of course, the tree stood on the sub -plot which has been recorded in the name of the State. The Petitioner accordingly to claims bonafide exercise of his right in cutting and removing the tree, and pleads that no offence has been committed. Certain proclamations made by the Ruler or recognising the rights of the tenants have been filed in the case and be of these how that the tenants were allowed to plant tree, on their holding and cut and remove the same without the permission of the Ruler. This privilege however, did not extend to mango, jack tamarind trees. There was another proclamation issued in 1938 according to which if, by mistake, any tenant cuts or removes tree, he will have to pay compensation and no fine. There is no proof in the present case as to whether the tree belonged to the Ruler or the tenant quite apart from the right to the land. It is improbable that the tree ever belonged to the State unless it is a wild growth, but in the absence of positive evidence one way or the other, a presumption may well arise that the tree belongs to the person to whom the holding belongs.

(2.) IN these circumstances it cannot be said that the Petitioners were actuated by any dishonest intention of causing wrongful loss to Government or wrongful gain to themselves. I am satisfied that this is a case in which the benefit of doubt should be given to the Petitioners. I would accordingly allow this revision, set aside the conviction and sentence. The fines, if paid, shall be refunded.