AI Structured Summary
Not yet generated for this judgment
Judgment
Vinit Kumar Mathur, J
The present appeal has been filed by the State Government under Section 378 (iii) and (i) Cr.P.C. against the judgment dated 15.05.1991 passed in Criminal Original Case No. 204/88 for the offence under Section 42/72 of the Rajasthan Forest Act, 1953, whereby the respondent was acquitted of the charges leveled against him by the prosecution.
Brief facts in the case are that on 14.06.1988 at around 8:00 P.M., the tractor no. RJQ 5218 was intercepted by the Station House Officer of Bilara and when the tractor stopped, 30-35 Qntl. of stems were recovered from the trolley attached with the tractor and thus, a case under Section 42/77 of the Rajasthan Forest Act, 1953 was registered. After framing of the charge and evaluation of the evidence, the learned trial court acquitted the respondent on the ground that the woods recovered were of Khejdi which cannot be used for making furniture.
The present appeal has been preferred by the State of Rajasthan against the order dated 15.05.1991 on various grounds. It is submitted by the learned Public Prosecutor that respondent has been acquitted on the basis of conjecture and surmises. He submits that there was no permit with the respondent to carry the recovered woods and, therefore, the respondent was guilty of the offence under Section 42/77 of the Rajasthan Forest Act, 1953.
I have considered the submissions made at the Bar and have gone through the order dated 15.05.1991.
The finding of fact recorded by the learned trial court that the woods recovered from the tractor trolley of the respondent were of Khejdi and the same were green sticks of the Khejdi which is commonly available in the area of recovery in the State of Rajasthan. The recovered woods are not used for the purpose of making furniture and in the common parlance, the same are used for burning in the village area. The finding recorded by the learned trial court appears to be just and proper and since the villagers in the State of Rajasthan are using Khejdi as firewood therefore, the findings recorded by the learned trial court do not call for any interference.
The criminal appeal being bereft of merit is, hereby, dismissed.