STATE OF RAJASTHAN Vs. KISHAN LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of learned Addl. Munsif and Judicial Magistrate, Udaipur dated January 2, 1978 whereby the learned lower court has acquitted accused Kishan Lal of the offence Under Section 353 IPC.

(2.) THE facts of this case briefly stated are: that the Forest Ranger Shri Gobind Singh found that the forest produce is being illegally brought into Udaipur City and, therefore, for the purpose of checking . he constituted two Checking Parties consisting of Bheru Singh, Laxman, Sohan Lal Sankhla, Om Prakash, Bhana and Govind Singh for the night checking and Inder Singh, Sohan Singh, Devi Singh, Laxmi Lal, Bhawani Singh, Madan Lal and Faiz Mohammed for the day checking vide Order (Ex. 10) dated April 21, 1975. It is alleged that the Checking Party headed by Shri Inder Singh proceeded for the checking of the forest produce at village Tiddi in the morning of July 26, 1975 at about 6 a.m. This checking Party went to the house of Shri Kishan Lal because it was brought to their notice that he was illegally indulging himself in the trade of forest produce and about 30 to 40 maunds of charcoal were lying at his house. As soon as the Checking Party reached his house in Truck No. RJY 1906, they found 17 bags of Charcoal lying in the Verandah. Inder Singh went inside the house and tried to seize this property, where upon, accused respondent Kishanlal who was present at his residence came out of his house, brought out a sword and told the Checking Party that either they leave his house or else he will cut them into pieces. When Inder Singh tried to prepare the seizure memo, accused respondent Kishan Lal pushed him aside. Fearing some untoward incident, Inder Singh retreated and thereby, these forest officials were prevented from performing their duties as Public Servants. Thereafter, the Checking Party immediately went to the Police Station, Nai, where the F.I. Ex. P. 13 was lodged. The Police inspected the site and the site inspection memo has been marked Ex. P. 8. The Office Orders issued in this respect by Shri Gobind Singh and Shri Nand Singh have been taken into possession which have been marked Ex. Ps. 10 to 12. Certain appointment and Transfer Orders were also taken into possession and they have been marked Ex. Ps. 1 to 5. After usual investigation, the accused was challaned in the learned lower court for the offence Under Section 353 IPC.

(3.) I have heard Mr. M.C. Bhati, learned Public Prosecutor for the State and Mr. G.S. Mehta, learned Counsel for the accused respondent. I have carefully gone through the record of the case.