Ravi Nath Verma, J. - (1.) THIS acquittal appeal filed by State under Proviso of Section 378 of Code of Criminal Procedure is directed against the judgment dated 25th February, 2004 passed by 2nd Assistant Sessions Judge, Chatra in Sessions Trial No. 240 of 1990 whereby and whereunder the court having found the accused respondent Nos. 1 to 5 not guilty for the offence under Sections 379, 413, 414 and 120(B) of the Indian Penal Code and also under Sections 33 and 42 of the Indian Forest Act, acquitted them from the charges.
(2.) THE case of the prosecution which is based on the written report dated 29.07.1984 submitted by Kishore Toppo, Range Officer, Chatra in short is that on the basis of search warrant issued by S.D.M., Chatra on the request of D.F.O., South Division, Chatra the police in presence of Ram Kishun Sahu, Magistrate and two independent witnesses conducted raid in the bungalow -cum -godown of the respondent Nos. 1 and 2 Bihari Lal Khandelwal and Krishna Kumar Khandelwal of Chatra on 29.07.1984 and seized 146 bags of Katha weighing 9452 Kg, 19 basket of Katha biscuit weighing 179 Kg. and 16.443 cubic meter Gila Kotch. It is also the allegation that the said two respondents after cutting and removing Khair trees from various protected forest, manufactures Katha with the help of their associates for their wrongful gains and keeping the same in their godown causing huge revenue loss to the State. Thereafter, Chatra P.S. Case No. 93 of 1984 was instituted under Sections 379, 411, 413, 414, 420, 120B of the Indian Penal Code and also under Sections 33 and 42 of the Indian Forest Act. After investigation, which was finally concluded by C.I.D. Food, Bihar under the Investigation Officer, R.D. Suberno and I.O. Krishna Bihari Singh, the charge sheet was submitted under the aforesaid Sections against the two above respondents and other accused persons. Some of the accused persons were shown as absconder. The learned C.J.M., Chatra took cognizance of the offence and committed the case to the court of Sessions for trial and disposal.
(3.) DURING trial, the prosecution examined altogether 11 witnesses. P.W. 1 Jagdev Mahto and P.W. 5 Birendra Tiwari as a seizure witnesses, Kishore Toppo the informant as P.W. 2. P.W. 3 Jitan Dusadh, P.W. 4 Bifa Bhuiyan, P.W. 6 Daneshwar Ganjhu and P.W. 7 Mohit Bhuiyan were declared hostile. Mithilesh Kumar, D.F.O., North as P.W. 8, Kuldeep Manjhi, Range Officer as P.W. 9, Usha Ranjan Biswas, D.F.O., South as P.W. 10 and R.D. Suverno, who investigated the case on behalf of C.I.D. as P.W. 11. The defence also examined one witness D.W. 1 Krishna Kumar Khandelwal the respondent No. 2 and brought on record the following relevant documents: - (i) Ext. A, Ext. A/3, Ext. A/5, Ext. A/6 and Ext. E the letters of different dates. (ii) Ext. A/4 is Memo. (iii) Ext. B/92 is Transit Permit of different dates. (iv) Ext. C is Depot Register. (v) Ext. D is handwriting and signature on Depot Register. (vi) Ext. F is a Chart of Katha etc. (vii) Ext. I Report of Tapez Depot for the month of February, 1984.;