SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-petitioners have filed the instant petition under Section 401 of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) challenging their conviction and sentence awarded under Section 411, Cr.P.C. to undergo rigorous imprisonment for one year along with fine of Rs. 1,000/- each. In default of payment of fine, they are to further undergo simple imprisonment for 15 days each. The Judicial Magistrate 1st Class, Ferozepur has recorded the conviction in his order dated 3-9-2001. On appeal, the order of conviction and sentence passed by the learned Judicial Magistrate has been upheld by the learned Additional Sessions Judge, Ferozepur vide his judgment dated 1-10-2004.

(2.) Before dealing with the contentions raised by learned counsel for the petitioners, few details and findings recorded by both the Courts below may be noticed. On 10-1-1997 theft of Forest trees of Sheesham from the area of RD Stone Nos. 56-57, 57- 58 and 58-59 of the value of Rs. 50,000/- was reported by the Forest Range Officer, Jallalabad and Brahm Parkash and Mohinder Singh, Forest Guards of Village Lakho Ke and Village Gujjar Beat, Forest Block, respectively. It was alleged that trees were stolen on 4-1-1997 by Surjit Singh, Karnail Singh, Makhan Singh, Mohinder Singh and Manal Singh. On the basis of aforementioned allegations made in memo Ex. P1 under the signatures of Tarlok Singh, first information report Ex.PW-4/B was recorded and case was registered against the accused-petitioners under Sections 379/411 IPC. The site plan was prepared by ASI Hardyal Singh when he visited the place of theft on 11-1-1997 which is Ex.PS. 4/C.

(3.) The police officials along with the officials of the Forest Department caught the accused-petitioners red handed when they were carrying stolen wood in Mahindra tractor No. D-1-475 which was being driven by one of the accused-petitioners, namely, Madhan Singh. Six wood logs of different sizes were recovered from the tractor. The aforementioned wood logs were found to be the property of the Forest Department and the same was duly identified by the Forest Guards Mohinder Singh and Brahm Parkash. All the accused-petitioner were arrested and the case property was taken into possession along with the tractor and trolley vide recovery memo Ex. P6. On the basis of disclosure statement made by accused-petitioners Surjit Singh (Ex.P7) before Inspector Budh Singh in the presence of both the Forest Guards as well as ASI Hardyal Singh, eight wood logs were recovered from the courtyard of his house which had been situated in the fields. The recovery was got effected by accused-petitioner Surjit Singh himself and the wood logs have been identified by both the Forest Guards which have been taken into possession vide recovery memo Ex.P8. One axe and two saws were also recovered from the house of Surjit Singh. The wood logs have been identified as MO-I to MO-6 which were taken into possession by Inspector Budh Singh vide recovery memo Ex.P8 which was duly attested. The axe and saws were also taken into possession vide recovery' memo Ex. P9. Exs. P11 and P12 are the site plans of the places of recovery of wood. The accused-petitioners were challannged to face trial for having committed offences punishable under Sections 379, 411, 427, IPC. However, they were charged only under Section 411, IPC to which they did not plead guilty and claimed trial.