SUKRA TILMING MUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) EACH of the petitioners has been convicted under Section 26(h) of the Indian Forest Act and sentenced to a fine of Rs. 50/ -, and in default, to undergo rigorous imprisonment for one month.

(2.) ACCORDING to the prosecution, on 25th September, 1964, petitioners were detected in clearing bushes, breaking land and felling some trees in the Dhaniapunji compartment of Kududa reserved forest. They were prosecuted for an offence under Section 26(h) of the Indian Forest Act. Petitioners denied to have committed any offence, while petitioner No. 1 claimed that as Mundari Khuntkathidar of village Dhaniapunji, he had the right to clear the jungle and perform puja at the place of occurrence. They also contended that the area in question is not a reserved forest.

(3.) LEARNED Counsel for petitioners does not question the merits of the evidence on the basis of which the petitioners are found to have engaged themselves in clearing bushes, breaking land and cutting trees at the place of occurrence, but assails the conviction and sentence on the following two grounds : (1) Petitioner No. 1 as Mundari Khuntkathidar of village Dhaniapunji possessed the right to clear the jungle and establish settlement and (2) prosecution has failed to prove that the place where the clearing of bushes and breaking of land was committed is within the reserved forest.