MUNNA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE criminal revisions have arisen out of a common judgment and order and the question to be decided being also the same, as such, both are being disposed of by this common judgment and order.

(2.) THESE criminal revisions, preferred under Sections 397/401 of the Code of Criminal Procedure, 1973 [herein after to be referred as Code of Criminal Procedure ], are directed against the judgment and order dated 12.7.2001 passed by the First Additional Civil Judge (J.D.)/J.M. Haridwarin Criminal Case No. 93 of 2001, State v. Jaffar and Ors., thereby convicting and sentencing the accused/revisionists Under Section 379 IPC for one year's R.I. and further convicting and sentencing each of them Under Section 26 of Indian Forest Act, 1927 [hereinafter to be referred as the Act] for one month's simple imprisonment.

(3.) IN nutshell, the facts of the case are that on 20.8.96 at about 4 AM, PW1 Van Daroga Dinesh Chand along with PW2 Brahm Singh had reached at Nalowala where on being heard the noise of cutting and loading of trees, they reached there and saw that the revisionists were cutting the trees and after seeing them, the revisionists/accused ran away from the place of occurrence in a car and a Truck brought by them and the woods were left on the spot. After completing the formalities, recovery memo Ex. Ka -1 was prepared on the spot and thereafter the FIR was lodged in the police station by PW1 Dinesh Chand on 20.8.1996 at 10 PM at PS Shyampur, on the basis of which CHIK FIR Ex. Ka -3 was prepared by C/C Ganga Dass and he also made entry in the GD in the same process, i.e. Ex. Ka -4. Investigation was entrusted to PW8 SI BN Joshi, who prepared the site plan Ex. Ka -6 of the place of occurrence and after completing the necessary investigation, filed the charge sheet Ex. Ka -5.