STATE OF MADHYA PRADESH Vs. R. D. RAJAK

JUDGEMENT

(1.) This appeal has been preferred by the Petitioner/State against the impugned judgment of dtd. 5/7/1999, whereby the respondents herein have been acquitted from the charges punishable under Ss. 409, 467, 468 and 380 of the IPC by the Chief Judicial Magistrate, Kawardha (M.P.) (Now Chhattisgarh), in Criminal Case No. 604/1997.

(2.) The case of the prosecution, in brief, is that respondent R.D. Rajak was posted in Chilpi Timber Depot as a Ranger whose work was to allow picking up woods meant for sale after verifying transit pass to be issued by D.F.O. and other requisites documents. Upon releaving the Depot Incharge Mishra, one Pataskar has taken charge of it. In the meanwhile, respondent R.D. Rajak was In charge for the exit of woods. Thereafter, on being verified the record it came to forefront that the wood which was already sold or about to sell has been existed from Depot. Further, the wood that was not sold also found to be missing. Thereafter, concerned Conservative of Forest was informed though the D.F.O. Omkar. An inquiry was conducted by D.F.O. Omkar whereupon it was found that it was respondent R.D. Rajak who is responsible for the existence of the said Timber logs from depot after issuing the transit pass. So, an FIR was lodged against the responsible persons/respondents No. 1 to 7. After completion of investigation, charge sheet was filed and charges were framed against 7 respondents. Against respondent R.D. Rajak charges were framed under Ss. 409, 467 and 468 of IPC and against all the other accused/respondents charge was framed under Sec. 380 of IPC.

(3.) In order to bring home the guilt of the respondents/accused, prosecution has examined as many as 21 witnesses. Statements of the respondents herein were also recorded under Sec. 313 of Cr.P.C. wherein they denied guilt.