JUDGMENT :

1. The matter was called out thrice, however, no one has remained present on behalf of the respondent – accused. The matter is of 2008 and hence, the Court proceeded with the matter and heard the same finally.

2. This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 18.08.2007, passed in Criminal Case No. 693 of 2005 by the learned Judicial Magistrate First Class, Mahesana, recording the acquittal.

3. Brief facts are that on 27.12.2004 at about 15:30 hours, the respondent herein was found cutting the trees in the land belonging to the Meetha Gram Panchayat and stealing the same and accordingly, an FIR for the offence punishable under Section 379 of the Indian Penal Code, 1860 (herein after referred to as “the IPC”) and Sections 3 and 7 of the Felling of Trees Act had been registered.

3.1 Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of several witnesses and produced certain documentary evidence. After completion of the investigation, Charge-sheet was filed against the accused for the offence in question. The learned Judge trial