SURENDRA KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS revision is preferred against the judgment dated 2 -3 -1984 of the learned Sessions Judge, Keonjhar, in Criminal Appeal No. 18 of 1983 dismissing the appeal and confirming the order of conviction and sentence passed by the Subordinate Judge -cum -Judicial Magistrate, First Class. Anandapur, in ICC No. 159 of 1980 on his file convicting the Petitioner under Section 406. Indian Penal Code and sentencing him thereunder to undergo rigorous imprisonment for one year.

(2.) THE prosecution case may be briefly stated thus: On 1 -8 -1976 as the Forest Guard (p.w. 2) found that 1,446 pieces of laterite stones were illegally removed by somebody and stacked at Purunapani Stone Quarry in village Dhenka (of Soso P. S. in the district of Keonjhar), he seized the same under the seizure list (Ext. 2) and kept them in the zima of the Petitioner under the zimanama Ext. 1 and initiated Forest U. D. Case No. 74 of 1976 -77. As the culprit who thus illegally removed the stones could not be traced, the U. D. Case had to be dropped and the D.F.O. ordered on 11 -2 -1977 for the sale of the seized stones in public auction finding the upset price at Rs. 450/ -. Several notices were issued to the accused -Petitioner to return the stones, but he did not return the same though he promised to do so. On 12 -9 -1980 p.w. 3 gave the notice Ext. 4 to the Petitioner demanding of him to return the stones but as he failed to do so the complaint case ICC No. 159 of 1980 was filed.

(3.) THE Prosecution has examined in all four witnesses besides exhibiting some documents, to prove its case p.w. 2 is the Forest Guard who seized the stones and kept them in the zima of the Petitioner. P. W. 1 was the Forester on 1 -8 -1976 and he was informed by p.w. 2 about the illegal removal of laterite stones by an unknown culprit. P. w. 3 was the Forester, Bhadrak, on 13 -10 -1980 and he claims to have taken Over the charge of the case from p.w. 1. P. w. 4 is a witness to the seizure.