STATE OF JHARKHAND Vs. BASANT KUMAR PODDAR

JUDGEMENT

(1.) THE case of the prosecution is that there was a lease in favour of the Bihar State Mineral Development Corporation given on 27th April, 1976 with respect to 134 acres of land of Hotai forest area to carry on business operation after the enactment of F.C. Act, 1980 and the accused persons were entitled to win the mines only in respect to land which was cleared and broken on 25th October 1980.

(2.) FURTHER case of the prosecution is that on 25th October, 1980, the broken land in forest area was marked and iden - tified by pillars, but the accused persons won the mines and removed minerals from the mines which was beyond the forest area marked and identified on 25th October, 1980 and for that no permission was taken from the Central Government.

(3.) THE defence on the other hand, also examined three witnesses, namely, Banwari Lal Agrawal (DW 1); Magnath Mishra (DW 2) and Upendra Narayan Singh in order to demolish the case of the prosecution produced letter No. 652/P (Ext. A) and agreements (Exts. B and B/1 in their support.