MANGAT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 01.04.2004 passed by learned Additional Sessions Judge/FTC, U.S. Nagar (Rudrapur) in Sessions Trial No.54 of 2001, whereby the Court below convicted both the appellants Mangat Singh and Suchha Singh under Section 379 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to undergo two years' R.I. However, the appellants were acquitted for the offences u/s 307, 411, 504, 506 IPC, Section 26 of Forest Act and Section 25 of Arms Act.

(2.) Facts, in nutshell, are that PW3 Brijender Kumar Gupta, Forest Official, lodged an FIR on 23.5.2000 with the averments that on that day at about 2 PM, he along with other forest personnel was doing patrolling in forest area. When they reached near Barua Drain, they heard the sound of cutting trees. On proceeding further, they noticed the co-accused Nikku, Paali along with appellant namely Mangat Singh and his younger brother Suchha Singh (appellants herein) had cut down 3 Sal Trees. On being challenged, the accused opened the fire with the illegal guns brought by them, however, the forest officials narrowly escaped. The forest officials also opened the fire in defence. The accused then ran away while abusing and extending the threat to kill. With these averments, the FIR was lodged.

(3.) Appellants Suchha Singh and Mangat Singh were arrested on 27.5.2000 and from their possession, one live country made pistol of 12 bore, two cartridges, one country made gun of 315 bore and 1 illegal cartridge was recovered.