STATE Vs. SAHADEV DALA

JUDGEMENT

(1.) This appeal is directed against the judgement passed by the learned Judicial Magistrate, Nayagarh, acquitting the respondent of an offence punishable under S.27 of the Orissa Forest Act, 1972 (shortly stated 'the Act').

(2.) Prosecution case. in brief, is that on 23-9-1979 at about 5.00 P.M., P.Ws. 1 and 2. both Forest Guards, were patrolling compartment No. 7 of Hatimunda Reserved Forest. They detected that the respondent was unauthorisedly carrying away a green Sal log of the size of 13' x 3'-10" in a bullock-cart from the said forest. They seized the log by seizure list (Ext. 1) and gave it to the zima of P. W. 4 by zimanama (Ext. 2). The bullockcart and the bullocks could not be seized because the respondent forcibly took them away. P.W. 1 submitted an offence report (Ext.3) and the Forester (P.W. 3) made an enquiry and submitted the prosecution report.

(3.) The respondent denied the occurrence.