BHURU Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of CrPC has been filed challenging the judgment and sentence dated 27/9/2017 passed by the First Additional Sessions Judge, Jhabua in Criminal Appeal No. 176/2016 by which the judgment dated 20/10/2016 passed by the JMFC, Jhabua in Criminal Case No. 1742/2015 by which the applicant has been convicted under Section 26 (1-J) of Indian Forest Act and has been given the benefit of Probation of Offenders Act.

(2.) The necessary facts for the disposal of the present revision in short are that it is alleged that on 22/7/2015 a Beat-Guard Naval Singh (PW-1) posted in Mokampura Beat Division Jhabua had gone on patrolling in Kalyanpura Beat No. 270. There, the forest department had dug pits with the help of the JCB Machine. He found that the applicant, by cultivating the forest land, was trying to encroach upon the forest land for the purposes of cultivation. Accordingly, a POR was registered. The applicant was arrested and, after completing the investigation, the complaint for offence under Section 26 (1-J) of Indian Forest Act, 1927.

(3.) The charge under Section 26 (1-J) of the Indian Forest Act was framed by order dated 17/12/2015 and after recording the evidence and examining the accused/applicant, the trial Court, by judgment dated 21/10/2016, convicted the applicant for offence under Section 26 (1-J) of Indian Forest Act and, after extending the benefit of Probation of Offenders Act, released him on the conditions that he would not repeat the offence of the similar nature during the next three years and would plant at least 50 plants and would look after them and would also hand over the possession of the forest land to the Forest Department etc., and the appeal filed by him has also been dismissed.