STATE Vs. CHET RAM

JUDGEMENT

(1.) State has preferred this appeal against the acquittal of accused by Sub -Divisional Judicial Magistrate, Chopal, in case No. 28/1 of 1983, decided on 22 -11 -1985 relating to offence under Sec. 33, Indian Forest Act.

(2.) Briefly, the case is that on 26 -11 -1982 Forest Guard Hira Singh, accompanied by Murat Singh and Parma Nand, was patrolling Sunkhar Dehat and found three trees of Kail illicitly felled on the spot. The accused was present there. Twenty -three scants were found at the spot and were seized by affixing seizure hammer No. 28. They were handed over to Murat Singh on Spurdari. Damage report was prepared against the accused who admitted the crime and made extrajudicial confession to this effect. Iqbalnama was prepared which was also signed by the accused by putting his thumb impression. Hari Singh, Block Officer also recorded the statement of the accused in the presence of Murat Singh and thereafter the accused was prosecuted in the Court where he pleaded not guilty and claimed to be tried.

(3.) In support of its case, the prosecution examined four witnesses to prove the damage report (Ext. PB), Iqbalnama (Ext. PC), Spurdarinama (Ext. PA) and the statement of accused (Ext. PW -2/A) that was recorded during the course of the investigation.