JAS RAJ CHOPRA, J. - (1.) THIS appeal is directed against the judgment of learned Addl. Munsif and Judicial Magistrate, Udaipur dated January 2, 1978 whereby the learned lower court has acquitted accused Kishan Lal of the offence Under Section 353 IPC.
(2.) THE facts of this case briefly stated are: that the Forest Ranger Shri Gobind Singh found that the forest produce is being illegally brought into Udaipur City and, therefore, for the purpose of checking . he constituted two Checking Parties consisting of Bheru Singh, Laxman, Sohan Lal Sankhla, Om Prakash, Bhana and Govind Singh for the night checking and Inder Singh, Sohan Singh, Devi Singh, Laxmi Lal, Bhawani Singh, Madan Lal and Faiz Mohammed for the day checking vide Order (Ex. 10) dated April 21, 1975. It is alleged that the Checking Party headed by Shri Inder Singh proceeded for the checking of the forest produce at village Tiddi in the morning of July 26, 1975 at about 6 a.m. This checking Party went to the house of Shri Kishan Lal because it was brought to their notice that he was illegally indulging himself in the trade of forest produce and about 30 to 40 maunds of charcoal were lying at his house. As soon as the Checking Party reached his house in Truck No. RJY 1906, they found 17 bags of Charcoal lying in the Verandah. Inder Singh went inside the house and tried to seize this property, where upon, accused respondent Kishanlal who was present at his residence came out of his house, brought out a sword and told the Checking Party that either they leave his house or else he will cut them into pieces. When Inder Singh tried to prepare the seizure memo, accused respondent Kishan Lal pushed him aside. Fearing some untoward incident, Inder Singh retreated and thereby, these forest officials were prevented from performing their duties as Public Servants. Thereafter, the Checking Party immediately went to the Police Station, Nai, where the F.I. Ex. P. 13 was lodged. The Police inspected the site and the site inspection memo has been marked Ex. P. 8. The Office Orders issued in this respect by Shri Gobind Singh and Shri Nand Singh have been taken into possession which have been marked Ex. Ps. 10 to 12. Certain appointment and Transfer Orders were also taken into possession and they have been marked Ex. Ps. 1 to 5. After usual investigation, the accused was challaned in the learned lower court for the offence Under Section 353 IPC. When the substance of the allegation was read over to the accused respondent, he did not plead guilty to the allegation and, therefore, the prosecution examined as many as 7 witnesses in support of its case. The statement of the accused was taken Under Section 313 Cr.PC. He led no defence. After hearing the parties, the learned lower court held that this checking party was constituted for the checking of illegal entry of forest produce in Udaipur City and it had no right to proceed to village Tiddi which was situated 30 miles away from Udaipur. It further held that the Checking Party did not obtain any search warrant and, therefore, the accused had a right to resist the attempt of the Checking Party to enter in his house and to seize the property which belonged to him. According to the learned lower court, the Checking Party should have reported the matter to the Police for taking necessary action and it should not have directly proceeded to the house of accused Kishan Lal to confiscate 17 bags of Charcoal. Under these circumstances, the learned lower court acquitted the accused respondent Kishan Lal of the offence Under Section 353 IPC.
(3.) I have heard Mr. M.C. Bhati, learned Public Prosecutor for the State and Mr. G.S. Mehta, learned Counsel for the accused respondent. I have carefully gone through the record of the case.;