LAWS(ORI)-1977-5-19

RAGHU DALEI AND ANR. Vs. STATE

Decided On May 16, 1977
Raghu Dalei And Anr. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS criminal revision is directed against an order of conviction under Section 37 of the Orissa Forest Act and a sentence of fine of Rs. 100/ - with a default sentence of simple imprisonment for one month passed against each of the Petitioners by the learned Judicial Magistrate, First Class, Kodala.

(2.) PROSECUTION case was that on 17 -5 -1975 at about 8 p. m. while the forest guards were on patrol duty they detected the Petitioners illicitly felling and removing four logs of sale wood from Jokalundi reserved forest without any authority. They were caught red -handed by the forest guards. The matter was reported to the Forester (P.W. 6) and in due course prosecution was launched - against the Petitioners.

(3.) IN order to prove the charge, prosecution examined six witnesses and the learned Magistrate relying on their evidence held the Petitioners guilty and inflicted the sentences as indicated above. It was contended before the learned Magistrate that in the absence of proof of the Government notification declaring the forest in question as a reserved forest, the prosecution was bound to fail. The learned Magistrate repelled the contention by observing that the Forester (P.W. 6) gave oral evidence that there was a notification to show that Jokalundi Forest had been declared as a reserved forest and that the Petitioners did not take any steps to call for the notification from the Forest Department.