BALVEER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 25.10.2010, passed by learned Sessions Judge, Kashipur, District Udham Singh Nagar, in Criminal Appeal no. 19 of 2006, as also the judgment and order dated 01.04.2006, passed by Judicial Magistrate First Class, Kashipur, in Criminal Case no. 133 of 2003, State vs Balveer @ Veera, whereby courts below have convicted the accused-revisionist under Section 332 and 352 of IPC. The accusedrevisionist was sentenced to undergo simple imprisonment for a period of one year under Section 332 of IPC along with a fine of Rs. 500/-. He was further directed to undergo six months simple imprisonment along with a fine of Rs. 600/- under Section 353 of IPC. Both the sentences were directed to run concurrently by the court below.

(2.) Prosecution story in brief is that complainant Dilip Singh lodged a report with police Station, Bazpur, stating therein, that on 20.12.2997, at about 05:00 P.M., he received an information that Kartar Singh @ Kallu and Balveer Singh @ Veera after cutting the green eucalyptus trees from the reserved forest and loading the same on Dunlop "bullock cart" were taking the vehicle towards village Ittawa. Complainant, Forest Guard along with Forest Guard Indra Lal and Watcher Kunwar Singh proceeded on foot towards village Ittawa in search the said bullock cart, but by that time the accused persons had already concealed the eucalyptus woods at some place. When the forest officials were investigating the matter, both the accused met them at the intersection of village Ittawa. Both the accused without any provocation started assaulting the complainant with wooden sticks, as a result of which, the complainant sustained injuries on his face, chest and back. Some villagers intervened in the matter and thereafter the complainant along with his companions returned back to outpost Jogipura and sent a letter by special messenger to this effect to the higher officers. It was also stated in the report, that these accused persons also attacked Chandra Mohan Singh, forest official of Guljarpur Beet, on 01.12.1997, with wooden sticks and counter made pistol. A report regarding said incident was lodged by Chandra Mohan Singh on 01.12.1997 with ROP, Kundeshwari, P.S. Kahsipur, Udham Singh Nagar. Both the accused were threatening the complainant that what they had done with Chandra Mohan Singh, the same treatment will by meted out to him and any other forest official if found anywhere. It was further stated that these accused persons were professional timber thieves and always used to commit maar peet with the forest officials on being caught. Many FIRs under the Indian Forest Act were lodged against both these accused.

(3.) On the basis of said report, case crime no. 631 of 1997 was registered against the accusedrevisionist in respect of offences punishable under Sections 332, 353, 379 of IPC and Section 26 of Forest Act, at P.S. Bazpur. After completion of investigation, the Investigating Officer filed charge sheet against the accused-revisionist under Sections 332, 353 of IPC. Charge in respect of selfsame offences were framed against the accusedrevisionist, to which he pleaded not guilty and claimed to be tried.