SYED MOHD ZAMAN Vs. STATE

JUDGEMENT

(1.) THIS reference comes on the report of the learned Additional Sessions Judge, Baran, dated the nth October, 1961.

(2.) THE facts giving rise to the reference are that some Zamindari forests of village Chatraganj was leased out to accused Syed Mohd. Zaman by the Zamindars of the said village on 31st January, 1959. THE period of lease was to commence from the 24th February, 1959, and was to terminate on 30th June, 1961. Under the terms of the said lease, the accused took possession of that part of the forest which was leased out to him. THEreafter the Rajasthan Abolition of Zamindari and Biswedari Act No. 8 of 1959 which will hereinafter be referred as the Act, came into force, on 1st November, 1959. After that, the Rajasthan Government issued a notification No. F. 1 (152) Rev-A/59 dated the 3rd November, 1959, whereby 15th of November, 1959, and 15th of January, 1960, were fixed for the abolition and acquisition of Zamindari and Biswedari estates respectively. THE accused was prosecuted in the court of the Magistrate First Class, Baran, for an offence under sec. 379 I. P. C. on the ground that after the 15th of November, 1959 the Zamindari estate, in which the disputed forest was included, stood vested in the State Government and yet the accused cut down wood worth about Rs. 50,000/-, and so he had committed an offence under sec. 379 I. P. C.