STATE OF JHARKHAND Vs. BHAGIRATH SHARMA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of acquittal dated 07.02.2003 passed by learned Judicial Magistrate, 1st Class, Giridih in Forest Case No.659 of 2005 corresponding to T.R. No.266 of 2003 whereby and whereunder the respondentaccused, Bhagirath Sharma has been acquitted of the charge under Section 33 of Indian Forest Act.

(2.) On the prosecution report submitted by the Beat Officer (P.W.1), the aforesaid case was instituted under Section 33 of Indian Forest Act on the allegation that on 14.04.1994 at about 3.00 p.m. Rajeshwar Paswan, the Beat Officer alongwith other forest officials conducted raid in the saw mill of the accusedBhagirath Sharma and seized eight Seesam logs and a seizure list was prepared. Thereafter, the logs were given in Jimmanama to one Sonali Sharma. On enquiry from the accused Bhagirath Sharma, he failed to produce any document relating to those seized logs. Accordingly, the court took cognizance of the offence and charge was framed under Section 33 of Indian Forest Act.

(3.) The prosecution in order to establish the charge, examined seven witnesses. Of them, P.W.1 is Ziaur Rahman and other witnesses are P.W.2Rajeshwar Paswan, P.W.3Ganpat Singh, P.W.4Bindeshwari Rai,, P.W.5Suresh Singh and P.W.6Md. Sarfuddin and P.W.7 Durga Gari. The court below after examining the evidence of witnesses and hearing the parties acquitted the respondent. Hence, this acquittal appeal by the State of Jharkhand through Divisional Forest Officer, Giridih.