KRISHAN KUMAR @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 18.5.2010 passed by the learned Sessions Judge, Rupnagar, whereby while dismissing the appeal filed by the petitioners, the judgment of conviction and order of sentence dated 4.2.2009 passed by the learned Sub Divisional Judicial Magistrate, Anandpur Sahib, has been upheld. The learned Sub Divisional Judicial Magistrate, Anandpur Sahib, had found the petitioners guilty under Section 411 IPC and sentenced them to undergo RI for 9 months and to pay a fine of Rs.500/- each and, in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) It is the case of the prosecution that on 1.1.2000, the officials of the Forest Department spotted five trees of Khair Wood, illegally cut in Kalwan Jungle and, accordingly, at night they had installed a check post on the path. The villagers were also joined, who informed that they had sent Gurdip Singh son of Bakhtawar Singh with the thieves. The allegation against the petitioners was that when they were stopped at the joint check post by the officials of the Forest Department and some residents of the village, they stated that they had brought down the stock and were now going to fetch the jeep of Ranjit Singh son of Som Singh, who was accompanying them, to transport the Khair Wood, for selling the same at village Khera.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioners. Charges were framed against the accused-petitioners under Sections 379 and 411 IPC. The accused pleaded not guilty and claimed trial.