Ayyangar, J. - (1.) The respondents in these several appeals were prosecuted before Magistrates in Tripura for offences under S. 26 (1) of the Indian Forest Act, 1927 and were convicted and sentenced to terms of imprisonment and fine. Their appeals to the learned Sessions Judge, Tripura having been dismissed, they preferred Criminal Revision petition to the Judicial Commissioner; the learned Judicial Commissioner allowed their revisions by a common judgment and directed their acquittal. From these orders of acquittal the Union of India has filed these appeals by virtue of special leave granted by this Court under Art, 136 of the Constitution.
(2.) Before proceeding to narrate the facts which have led to these appeals it is necessary to mention that three of these 11 appeals Criminal Appeals 40, 41 and 45 of 1962 have become infructuous. The notices issued to the respondents in Appeals 40 and 45 of 1962 of the filings of the appeals could not be served on them as it was reported that they had left for Pakistan. The appeals, could not accordingly be prosecuted. In regard to Criminal Appeal 41 of 1962 it is reported that the accused died pending the hearing of the appeal and hence the appeal has abated, we are, therefore, concerned only with the other 8 appeals.
(3.) The material clauses of S. 26(1) of the Indian Forest Act, 1927 for contravention of which the respondents in the several appeals were prosecuted read: "26. (1) Any person who- (a) makes any fresh clearing prohibited by S. 5,. . . . . . or who in a reserved forest; (d) trespasses or pastures cattle, or permits cattle to trespass; (e) ********** (f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same; (g) ********** (h) clears or breaks up any land for cultivation or any other purpose; ********** shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid." The magistrate convicted some of the accused respondents of offences under as. (a) and (d) and others of offences under cls. (d) and (h).;