SITARAM JAGATRAMKA Vs. KING

JUDGEMENT

(1.) The petitioners were tried by a Magistrate, First Class, Jamshedpur, and convicted for having contravened the provisions of Section 21, Bihar Private Forests Act and sentenced to pay a fine of Rs. 10 each, and in default to suffer simple imprisonment for's days each. They have also been directed to pay Rs. 6 as damage for the destruction caused by them under Section 12(3), Bihar Private Forests Act.

(2.) What is alleged against them by the prosecution is that they out and cleared the forest situated in village Ghosda and uprooted the stumps of the trees in that forest which by a notification under Section 14(c), Bihar Private Forests Act, was declared to be constituted as a private protected forest. It appears that a Notification No. 6353-VI-F-84, dated 8 July 1946 was issued by Government under Section 14(c) of the Act declaring that it was proposed to constitute such forest as mentioned therein as a private protected forest. The notification was published at the spot on 27 September 1946 by a beat of drum. A report was submitted by the forest guard on 7 November 1946 to the Forest Department stating that the petitioners were found uprooting the stumps and otherwise damaging the forest. On such report being submitted, a complaint was lodged by the Forest Department against these petitioners before the Sub-divisional Officer of Dhalbhum on 15 November 1946. The petitioners were summoned, tried and convicted as already stated. As the sentence passed was unappealable, an application was filed before the Sessions Judge by the petitioners for a reference to this Court. The learned Additional Sessions Judge refused to refer the case to this Court. Hence this application in revision.

(3.) This matter was originally placed before his Lordship the Chief Justice sitting singly who on account of the importance of the questions raised in the case ordered it to be placed before a Division Bench.