SALIM AND ORS , FATEHDEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of two connected appeal Nos. 230 and 245-SB of 2000, having arisen out of the judgment dated 28.2.2000 passed by the learned Additional Sessions Judge, Jagadhari convicting the accused-appellant Fatehdeen under Sections 394/332/341 IPC and accused-appellants Salim, Kamrudeen, Aagar and Asra under Section 411 of the IPC. Consequently, they were sentenced as under: <FRM>JUDGEMENT_287_LAWS(P&H)4_2010.htm</FRM>

(2.) The case has been registered on the statement of Som Nath complainant (herein referred as 'the complainant'), Forest Guard, Bahadurpur, who disclosed that on 12.4.1998 at about 11.00 p.m. when he was on patrolling duty for the security of Khair forest in the area of Bahadurpur, then he saw with the help of torch that 12 persons cutting Khair trees with the help of a Saw near Kaniyawali dandi. Out of them he could recognize Fatehdeen. When asked, as to why they were cutting the trees belonging to the Government, then all of them started beating and gave him kick and fist blows, tore out his uniform and tied him with the help of cloth. After cutting six khair tress, they untied him and threatened him to be killed if reported the matter to the police, and then left the place. On verification, he came to know that the accused had taken 20 quintals of Khair wood worth Rs. 50,000/-. He did not go to the police station during night out of fear, however, in the morning he went to the Forest Office at Sadhaura and disclosed the occurrence to the rangers, however, when he was proceeding to the police station to lodge the report, the police party met him on the way, before whom he made the statement, on the basis of which FIR was registered. Besides Fatehdeen, the other accused were nominated having also committed the crime. On completion of the investigation, challan against them was presented in the court.

(3.) On finding a prima facie case, they were charged under Section 395/332/341 IPC, to which they pleaded not guilty and opted to contest.