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Anand Gopal Gurve Vs. State of Maharashtra

Court : Mumbai

Reported in : 1994(1)BomCR168; 1992CriLJ3064

..... 1 to 3 in furtherence of your common intention during the above referred period forged the government record of forest range office, arvi pertaining to purchase of cement bags and disbursement of the price thereof intending that it shall be used for the purpose of chitting and thereby committed an offence punishable under section 468 read with section 34 of the indian penal code, within the cognizance of this special court : thirdly, that you accused nos ..... the court has to see is whether or not the sanctioning authority at the time of giving sanction was aware of the facts constituting the offence and applied its mind for the same; any subsequent fact which may come into existence after the grant of sanction is wholly irrelevant.' 23. ..... this should be done in two ways; either (1) by producing the original sanction which itself contains the facts constituting the offence and the grounds of satisfaction, and (2) by adducing evidence aliunde to show the facts placed before the sanctioning authority and the satisfaction arrived at by ..... bhaiyaji son of laxman bhagwat, divisional forest officer, arvi and rajeshwar son of murlidhar kajale, range clerk, arvi, for the offence punishable under section 5(1)(c) read with s ..... bhagwat, the range forest officer, committed any offence much less charged against him. 11 ..... thereby, he denied the allegations and the complicity of the offence alleged to have been committed by this appellant/accused along with shri bhagwat, the range forest officer. 8. .....

The State of Maharashtra Vs. Maheboob Khan and Others

Court : Mumbai Aurangabad

..... filed by the state of maharashtra, aggrieved by the judgment and order passed by the 3rd additional sessions judge, nanded on 22nd december, 1995, in sessions case no.129 of 1995, thereby acquitting the respondents for the offence punishable under section 302 read with 34 of the indian penal code. 2. ..... thereafter the complainant came there and this witness along with forest guards reported the complainant that, go and see his brother who was lying by the side of ..... opposite to forest naka at sangvi committed following offences in furtherance of your ..... (1) maheboob khan s/o galib khan, (2) faruqkhan s/o galib khan and (3) rashid khan s/o galib khan are hereby convicted for the offence punishable under section 302 read with section 34 of the i.p. ..... 129 of 1995 thereby acquitting the respondents for the offence punishable under section 302 read with 34 of the indian penal code is hereby quashed and ..... of the witnesses gayabai sakole, pralhad sakole, ananda pawar, madhav pawar, vatchala rathod, forest guard gaikwad and his assistance were recorded on 13.06.1995. ..... hotel from nava mondha side and thereafter, came to forest naka and informed them that, yadav was dead. ..... hotel under the name and style as new ganesh hotel opposite to forest naka, on nandedhingoli road, on the eastern side of the ..... after framing points for its determination and recording the evidence and hearing the parties, acquitted the respondents-accused from the charge of offence punishable under section 302 read with 34 of i.p. .....

Emperor Vs. Pandu Vithu Savant

Court : Mumbai

Reported in : AIR1924Bom489; (1924)26BOMLR971; 84Ind.Cas.250

..... we do not feel any doubt that the abetment of such an offence as the breach of a rule, which is made punishable under rule 26 of section 41, in virtue of the powers conferred upon the local government under sub-section 41 and 42 of the indian forest act, would be an offence, and the abetment thereof would be punishable as provided in the indian ..... the argument that the penalty is not provided by the indian forest act, but is provided under the rules made under that act, and that therefore it is not an offence under the special act within the meaning of section 40, indian penal code, does not appear to ..... in the present case the breach coversr transformed wood before the court, and the offence is one coming within the first para of section 71, indian penal code, and section 236 of ..... offence of breach of the rule is made penal by section 42 of the indian forest ..... the passes issued contained the quantity and description of the forest produce, and also the place from and to which the produce ..... of rule 4 lay down that the pass issued under rule 3 shall specify the quantity and description of forest produce covered by it, and the place from and to which such forest produce is to be conveyed, and the route by which it is to be conveyed. ..... forester, was charged with the abetment of this offence. ..... the course of a somewhat lengthy judgment dealt with the question as to whether these trees were the property of government, and the question whether the offences of theft and abetment of theft were made out. .....

Shyam Sunder Mishra Vs. State of Maharashtra

Court : Mumbai Nagpur

..... quashing the proceedings against him was partly accepted by this court while disposing the criminal application (apl) no.659/2011, that this court had quashed the charge in so far as it related to the offence under section 13(1)(d) punishable under section 13(2) of the prevention of corruption act, 1988 and the prayer made by the applicant for quashing the charges relating to the ..... offences punishable under sections 120-b, 465, 468, 471 and 477-a of the indian penal code was not accepted and the special court was directed to proceed with the prosecution and therefore, it ..... it is submitted that the documentary evidence on record, on the basis of which the offences under sections 120-b, 465, 468, 471 and 477-a of the indian penal code are alleged against the applicant, does not show any endorsement of the applicant or his office and the quotations relating to transportation rates were addressed to range forest officer and those documents were not routed through the office of the applicant and it was ..... facts, prima-facie, show that the office of deputy conservator of forests, nagpur was connected with the work in which loss is caused to the government and at the time of commission of offence as alleged, undisputedly the applicant was holding the additional charge of the post of deputy conservator of forests, nagpur. 11. .....

State of Maharashtra and Etc. Vs. Suja Karan Rabbani and Etc.

Court : Mumbai

Reported in : 2000(5)BomCR899; 2000CriLJ664

..... appearing for the respondent, submitted that the second proviso to section 52(2) of the act provides that, 'where the offence on account of which the seizure has been made is in respect of timber, sandalwood, firewood, charcoal or such other forest-produce as may be notified by the state government from time to time (hereinafter referred to as the 'notified forest-produce') and which is the property of the state government, such officer shall make a report of such seizure ..... ---whenever any timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the state government, together any tool, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61-a or the officer specially empowered under section 61-c, or the sessions judge hearing an appeal under section 61-d shall have, and notwithstanding anything, to ..... the facts necessary for the disposal of these writ petitions are as follows :-on 16-11 -1996 some forest officers while taking a round by kakodi-chichgadh road in a jeep, noticed that the respondent and others were grazing sheep and goats deep inside ..... the offence was registered under sections 26(1)(d), (f), (g) and 32(1) of the act and rule 66 of the bombay forest rules, 1942, and after completion of investigation, the charge-sheet came to be filed against the respondent in the court of judicial magistrate, first ..... forest officer then registered an offence .....

Tukappa Tamanna Lingardi Vs. State of Maharashtra

Court : Mumbai

Reported in : (1990)92BOMLR441; 1991CriLJ2375

..... here in the present case, it is not merely the nature of the act but, as already said above, the circumstances preceding and subsequent to the incident of offence do warrant a conclusion that the appellant has sufficiently discharged the burden of proof cast upon him by law to prove that he was falling within the four corners of the ambit of section 84 of the indian penal code. ..... sounded that it would be most dangerous to admit the defence of insanity upon arguments derived merely from the character of the crime and that the mere fact that no motive has been proved for the offence in question or that he had made no attempt to run away, though it was possible for him to do so, would not indicate that he was insane. ..... it was also pointed out that the burden, in such cases, though not as heavy as upon the prosecution in a criminal case, is upon the accused to prove that he was of unsound mind at the time of the commission of the offence and as such, incapable of knowing the nature of his act or that he was doing what was either wrong or contrary to law. ..... hanamant added that on the date of the offence, the appellant was wandering in the forest with a heavy sickle (pal koyta) expecting a tiger to come. ..... the supreme court observed, however, that the accused was arrested on or about the date of the offence and had remained in police custody for about ten days when it was found that he needed a medical examination. .....

Jagjeet Singh S/O Chandan Singh Kalsi Vs. State of Maharashtra

Court : Mumbai Nagpur

..... the learned additional sessions judge-2, chandrapur by a reasoned order held that since the investigation prima facie indicated that the vehicle was used for commission of offence under the wile life (protection) act, 1972, the application was rightly rejected by the learned magistrate as the vehicle was likely to be forfeited under the provisions of section 51 of the wild life ( ..... article, trophy, (uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part of derivative thereof) in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under the provisions of this act, be cancelled. ..... 39(1) (d) of the 1972 act is concerned, it provides that every vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of the act shall be the property of the state government and in a certain situation, the property of the ..... for example, it confers powers of entry, search, arrest and detention on wild life and forest officers besides police officers who are normally entrusted with the responsibility of investigation and detection of offences; further sub-section (4) of section 51 expressly excludes application of section 360 of the code and the provisions of the probation of offenders act to persons eighteen .....

Emperor Vs. Amirsaheb Balamiya Patil

Court : Mumbai

Reported in : (1918)ILR42Bom406

..... whether it is necessary for the purpose of strict conservation or for the preservation of animals which are becoming rare or for both these purposes, to prohibit hunting and shooting in a reserved forest except under a license, so as to prevent a person from hunting and shooting without a license a tiger or any other wild animal even for the protection of his property or, person, is a question, which the local ..... rather read the magistrate's observations as to self-defence to refer to a hypothetical case where a man is walking in a reserved forest quite innocently though possibly armed with a gun and is then suddenly attacked by a wild animal which he has no license to ..... he committed an offence, namely, that of hunting and shooting in a reserved forest, because he deliberately went into this forest in search of this tiger ..... assumption that the accused's cattle were killed by a tiger; and from the arguments before us, it is clear that the accused's cattle were killed by a tiger and that his object in going to the forest and shooting the tiger was to prevent further injury to his property.3. ..... he is found to have successfully tracked and shot a tiger without a license in a reserved forest to which the rules made by the local government under section 25(i) and section 31, clause (j) have ..... however, that without a license even under the circumstances under which the accused is found to have acted he cannot hunt or shoot in a reserved forest to which these rules have been made applicable. .....

Jalindar S/O. Kishan Mangrule Vs. State of Maharashtra

Court : Mumbai Aurangabad

..... the trial court did not believe the witnesses in respect of the aforesaid offences and the trial court has held that the procedure required to be followed for filing the complaint is not ..... in respect of the field of accused no.1 was not collected by the forest office and only on the basis of the aforesaid evidence, prosecution wanted to prove the offence. ..... the evidence given and the case of the forest office show that the deer had accidentally gone towards the field of ..... witness ramesh sontakke (pw 5), range forest officer, has given evidence that when he visited the spot, he noticed that the accused was cutting the ..... witness vithal (pw 3) was working as forester and he has given evidence that they received information against the accused and when they went to the spot, they found that work of cutting was going on and both the accused were ..... had acquitted the petitioner of the offences punishable under section 9, 39, 44, ..... regarding the offence in which the intention was expressed ..... witness deepak (pw 8), employee of forest department, has given evidence that he was present when officers ..... to prove the offence, in all eight ..... it is the case of forest department that accused jalindar mangrule had created barbed wire fencing around his agricultural land and supply of electricity was given to this ..... there was sufficient material as per the observations made by the sessions court, the sessions court could have allowed the appeal and could have convicted the two accused for aforesaid offences. .....

State of Maharashtra Vs. Bhaurao Daulat Yedama and Others

Court : Mumbai Nagpur

..... 1547 of 1997 whereby the respondents/accused were acquitted of the offences punishable under section 26 (i) (d),(f), (g) of the indian forest act, 1927 read with rules 3, 17, 23 and 25 of the bombay transit of forest produce (vidarbha region, saurashtra and kutch areas) rules 1960. 2 ..... learned counsel for the appellant made an attempt to convince me that the statement, confessional in nature from the accused to the forest officer, not being the police officer ought to have been accepted as acceptable and reliable evidence to nail the accused in this case ..... the trial court rightly granted benefit of doubt to the respondents and under the above circumstances, recorded the order of acquittal, as no offences, as alleged, were proved against the accused beyond reasonable doubts. 6. ..... there has to be an admission of all substantial facts constituting the offence, not affected by any threat, inducement, promise etc. ..... he stated regarding having received information from the forest guard godane, with whom and the round officer, he went to tandulwani village ..... it is argued that the presumption under section 69 of the indian forest act, 1927 was not rebutted by the accused. ..... panchas were employees of the forest department and were interested witnesses. ..... sukhdeo (pw2) and the range forest officer supported the testimony of purushottam (pw1 ..... confiscation proceedings under section 61 a of the forest act started and the authorized officer has passed an order to confiscate the maroti van and the teak .....