(1.) THIS appeal assails the judgment of acquittal of accused by Sub -Divisional Judicial Magistrate, Chopal in Case No. 255/1 of 1983 by decision of 27 -3 -1986, under Section 33 of the Indian Forest Act.
(2.) BRIEFLY , the case is that on 23 -10 -1982, Forest Guard Man Dass was patrolling Janog Forest and found two trees of Deodar cut at the spot. He went to the village of the accused alongwith Sita Ram. The accused made extra -judicial confession to the Forest Guard in the presence of Sita Ram. Accordingly, damage report as well as Iqbalnama were prepared against the accused who put his signatures on Iqbalnama in the presence of Sita Ram.
(3.) DURING the course of investigation, Block Officer Niharu Ram recorded the statement of accused in the presence of Jog Ram and there also the accused admitted having felled the trees in question and agree to pay the compensation. The statement of Jog Ram was also recorded in addition to the statement of Sita Ram. Finally, the accused was prosecuted for illicitly felling the trees in the Court at Chopal. The accused pleaded not guilty and claimed trial.