1. - This appeal is directed against the judgment of learned Addl. Munsif and Judicial Magistrate, Udaipur dated January 2, 1978 whereby the learned lower court has acquitted accused Kishan Lal of the offence Under Section 353 IPC.

2. The facts of this case briefly stated are: that the Forest Ranger Shri Gobind Singh found that the forest produce is being illegally brought into Udaipur City and, therefore, for the purpose of checking . he constituted two Checking Parties consisting of Bheru Singh, Laxman, Sohan Lal Sankhla, Om Prakash, Bhana and Govind Singh for the night checking and Inder Singh, Sohan Singh, Devi Singh, Laxmi Lal, Bhawani Singh, Madan Lal and Faiz Mohammed for the day checking vide Order (Ex. 10) dated April 21, 1975. It is alleged that the Checking Party headed by Shri Inder Singh proceeded for the checking of the forest produce at village Tiddi in the morning of July 26, 1975 at about 6 a.m. This checking Party went to the house of Shri Kishan Lal because it was brought to their notice that he was illegally indulging himself in the trade of forest produce and about 30 to 40 maunds of charcoal were lying at his house. As soon as the Checking Party reache