STATE OF BIHAR Vs. PETER SHANTI KUJUR

JUDGEMENT

(1.) THIS Government Appeal is directed against the judgment of acquittal dated 31st July, 1997 passed by Sri Bishwanath Prasad Singh, Additional Judicial Commissioner, Lohardaga in Criminal Appeal No. 63 of 1996(L)/8 of 1996, by which judgment the learned AJC, Lohardaga, has passed the judgment of acquittal against the respondent.

(2.) IT is submitted by the learned APP that the report of the Assistant Conservator of Forest, which was the basis on which the case was filed properly has proved and the same was also supported by the evidence of P.W. 2, Baikunth Nath Dwivedi. The learned trial court relying on the evidence of P.Ws. 2 and 3 coupled with the report of the accused himself dated 17.10.2002 which was available at page 14 of the case diary rightly convicted the respondent and impugned judgment of acquittal passed by the Additional Judicial Commissioner is bad in law and fit to be set aside and the appeal should be remanded back for fresh hearing.

(3.) AFTER hearing both the parties and going through the report, I find that the prosecution case was started on the basis of a First Information Report lodged by informant (P.W. 2) stating therein that the respondent -accused, Peter Shanti Kujur was incharge of the distribution of food - grain to the labourers in Logging area of Lohardaga, under the World Food Programme. During inquiry on 25.11.1992 he found that shortage of about 12385 Kgs. of wheat, 823.050 Kgs. of Pea and 783.7720 Kgs. of soyabin oil.