STATE OF ASSAM Vs. DILBAHADUR BASAR CHETRI

JUDGEMENT

(1.) THE Government appeals from the judgment acquitting the respondent of charges under Sections 24/25,of the Assam Forest Regulation, 1891 (shortly, 'the Regulation').

(2.) P . W. 1 -Shri Haren Barua, a Forester, accompanied by P. W. 2 -Abdul Kuddus, Forest Beat Officer; P. W. 3 -Frofulla Chandra Bora, Game Watcher, P. W. 4 -Hemendra Phukan, Game Watcher; and Sri Ghana Kanta Gayan, Range Officer (not examined), visited Roumari area of Panpur Reserved Forest and found the respondent growing mustard over ten bighas of reserved forest land. The Range Officer arrested the respondent on his failure to produce any document on demand, seized the mustard seeds; and, after investigation of the case by P. W. 1, offence report was submitted through the Divisional Forest Officer of Darrang District, on receipt whereof charges under Sections 24/25 of the Assam Forest Regulation were explained to the respondent who pleaded not guilty.

(3.) THE Panpur Forest was constituted into a reserved forest in the year 1971 by Gazette Notification dated 9th Dec, 1971 (Ext. 3). Prior to that the Roumari area, now included in the Reserved Forest', was inhabited by people but they were evicted after creation of the reserved forest. P. W. 1 did not know whether any demarcation was made after creation of that reserved forest. P. W. 3 saw the accused -respondent within the reserved forest on 8 -2 -74 and reported the matter to his officers, From P. W. 2 it may be taken that the area was 'chapari' land before creation of the reserved forest and that the accused -respondent was upon that land. P. W. 2, however, says that the respondent was previously evicted from the same land after constitution of the Panpur Reserved Forest. Ext. 3 shows, that the Government issued the Notification constituting the Panpur Reserved Forest under Section 17 of the Regulation, after expiry of the period of enquiry arid, disposal of the claims and all rights and titles of the persons interested were extinguished by Ext. 3. D. W. 1 did not know whether, the Panpur area fell with in the forest, reserve, but he admitted that the Forest Department, demolished their houses. Respondent's house was also demolished.