EMPEROR Vs. PANDU VITHU SAVANT

JUDGEMENT

(1.) In order to be able to deal with the. point arising on this application, it is necessary to state the course which this case has taken in the lower Courts. It appears that a complaint was filed against accused Nos. 1 and 2 in respect of certain sandal-wood trees and branches having been removed from Survey Number 32 at Ramgurwadi by accused No. 1, which was claimed to be the property of the Government. In the complaint there was no reference to any breach of Rule No. 3 under Section 41 of the Indian Forest Act. Accused No. 2, who was a forester, was charged with the abetment of this offence. When the charges were framed against the accused, not only were they charged with reference to theft, and abetment of theft in respect of trees and branches from Survey Number 32, but also in respect of the breach and abetment of the breach of the rules under Section 41 of the Indian Forest Act.

(2.) It appears from the judgment of the trial Court that there were seven passes issued for the removal of thirty-four sandal-wood trees and twenty-five branches from Ramgurwadi to Belgaum Accused No. 1 claimed to have purchased the sandalwood in question from the owner of trees in Survey Number 32. He also purchased some trees in Survey Nos. 25 and 26

(3.) The facts found by the trial Court may be gathered from the judgment. The essential facts for the purposes of this application are these. At p. 12 of the paper book the learned Magistrate has found as follows:-- The Government iron marks were put on the uprooted sandal-wood trees in Survey Number 32 by Bhiva (Exh. 8) Forest Guard under the order and in the presence of Katgali Forester Pandu Vithu. The trees so stamped with Government iron were seen by Bhiwa (Exh. 8) when on being loaded on carts hired twelve annas for one or two trips each cart for being conveyed from Survey Number 32 to the backyard of Yellappa Ramewadkar in Ramgurwadi village.