State vs Chand Mal
2022 Latest Caselaw 9325 Raj

(1 of 2) [CRLA-69/1992]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 69/1992

State of Rajasthan

----Appellant Versus Chand Mal S/o Shri Sukhdeo, b/c Brahmin, R/o Lambiya, Police Station Kalu (Distt. Pali)

----Respondent

For Appellant(s) : Mr. Shrawan Bishnoi, PP For Respondent(s) : Mr. AK Acharya

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/07/2022

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.

(2 of 2) [CRLA-69/1992]

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.

(VINIT KUMAR MATHUR),J

4-KashishS/Nitin-

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