THE STATE Vs. SHER SINGH AND ANR.

JUDGEMENT

(1.) HEARD Sri Prabhakar Joshi, learned Brief Holder for the State/appellant and Sri JS Virk, Adv. for the respondent.

(2.) THE present appeal has been preferred by the State Under Section 378 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) against the judgment and order dated 29.01.1999 passed by the Addl. J.M., Khatima, Distt. US Nagar in Crl. Case No. 739/96 State v. Sher Singh and Anr., thereby acquitting the respondents/accused Under Section 379/411 of the Indian Penal Code, 1860 {hereinafter to be referred as the IPC) and 26 of the Forest Act {hereinafter to be referred as the Act).

(3.) ON 24.8.1993, charge was framed Under Section 379/411 of IPC and 26 of the Act against the accused/respondents by Munsif Magistrate, Khatima, Nainital, which was read over and explained to them to which they pleaded not guilty and claimed to be tried.