PARHAN MAHTO Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) This application in revision is directed against an order convicting the petitioner for having committed an offence under Section 49, Bihar Private Forests Act. The petitioner has been sentenced to undergo simple imprisonment for a period of fifteen days.

(2.) The case for the prosecution, briefly stated, is that the private forest of Pokharia has been constituted a private protected forest under the provisions of the Bihar Private Forests Act, 1947 (IX of 1948). On 22nd September, 1949, the petitioner, along with seven others, was detected by one Jugeshwar Singh, who was patrolling in the jungle, cutting wood. Babu Radha Krishna Ram, Beat Officer, on information came to the spot, and asked the petitioner to show his permit, but he could not show it. The Beat Officer tried to seize the wood; but he was resisted. He, therefore, sent information to the police station through the forest guard, and he himself remained with the petitioner there. The forest guard returned with two constables. The wood was seized in a village called Dhabia, and kept in the custody of one Dhanuki Singh. The Beat Officer wrote down a seizure report (exhibit 2). He also wrote a report about the offence (exhibit 4). The necessary sanction having been obtained, the petitioner was prosecuted under Section 49 of the said Act.

(3.) The petitioner has denied the charge. His case is that he has been maliciously implicated in the case, as he refused to pay bribe to the prosecution witness No. 1 which he wanted to extort from the petitioner.