ARBINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These two criminal appeals were filed against the same judgment and order dated 13-3-1981 passed by Sri M. C. Jain the then 1st Addl. Sessions Judge, Nainital in S.T. No. 295 of 1979, State v. Arbinder Singh and 5 others, therefore, these two appeals are being disposed of by this common judgment. The learned Addl. Sessions Judge convicted and sentenced the appellant Arbinder Singh to undergo R.I. for a period of four years under S. 395, I.P.C. The learned trial Court acquitted the co-accused, namely, Munshi Ram, Amar Chand, Deewan Chand, Gopal Chand and Mugla Ram.

(2.) The prosecution case, in brief, is that on 5/6-7-1979 Ranjeet Singh Rawat (P.W.1) Range Officer of Forest at Ramnagar along with Kirti Singh Bist (P.W. 2) Forester, Khushal Singh (P.W. 3), forest guard and other forest personnel were on patrolling duty in the forest jungle. They stopped tractor No. USR 5958 driven by the appellant. Munshi Ram accused was sitting on the mudguard. Munshi Ram shot fire from the rifle. The remaining accused were sitting in the trolley. Kirti Singh Bist (P.W. 2) snatched the rifle from Munshi Ram. The appellant was arrested on the spot while the other accused made their escape good. 25 logs of wood of the value of Rs. 10,000/- were recovered from the trolley. The appellant along with the recovered wood were brought to the office of the forest department and Fard (Ex.Ka 2) was prepared in the office and the recovered wood was given in the superdigi vide superdiginama (Ex. Ka 3). Written report (Ex.Kal) was submitted at P.S. Ramnagar on 6-7-1979 at 8.30 p.m. On the basis of written report FIR (Ex. Ka 4) was prepared and a case was registered in G.D. (Ex. Ka 5) S.I. Mathura Prasad (P.W. 4)' conducted the investigation and prepared site plan (Ex. Ka6). Thereafter, the investigation was conducted by S.O. Sher Pal Singh (P.W. 5) who after completing the investigation submitted charge-sheet (Ex. Ka 8) against the appellant and other co-accused.

(3.) Charge was framed against the appellant u/S. 395, I.P.C. to which he pleaded not guilty and claimed to be tried.