Anil Kumar Choudhary, J. - (1.) Heard the parties. The case of the prosecution in brief is that on 18.11.1998 at about 8:00 am, the forest guard Anjani Kumar Sinha saw the respondent breaking up and cleaning the land inside the forest with a spade and the respondent fled away after seeing the patrolling party and the forest officials recovered and seized one spade and one basket from the place of occurrence and the same was brought to beat office at Tisri and after enquiry, the offence report was submitted in the court.
(2.) Cognizance for the offence punishable under Section 33 of the Indian Forest Act, 1927 and Section 2 of the Forest Conservation Act, 1980 was taken and charges for the said offences were framed.
(3.) In order to prove its case, the prosecution altogether examined four witnesses. Besides the oral testimonies the following documents were also proved by the prosecution:- (a) Ext.-1 is the map of place of occurrence. (b) Ext.-2 is the prosecution report. (c) Ext.-3 is the seizure list. (d) Ext.-4 is the offence report. (e) Ext.-5 is the notification under Section 29 of the Indian Forest Act. (f) Ext.-6 is the notification under Section 30 of the Indian Forest Act. (g) Ext.-7 is the notification as published in vernacular. ;