STATE OF H.P. Vs. SURINDER KUMAR

JUDGEMENT

(1.) This appeal is filed against an order of acquittal recorded by the Chief Judicial Magistrate, Kangra at Dharamsala, on October 4, 1996, in Criminal Case No. 67 -111/1990. By the said order the learned Magistrate acquitted the accused for the offences punishable under Sections 32, 33, 41 and 42 of the Indian Forest Act with, which they were charged.

(2.) The case of the prosectuion was that on December 9, 1989, at about 9.30 A.M. at Kandwal, accused persons were illegally removing forest produce Kalu Tuli without prior permission of forest authorities. They were caught red -handed while carrying the forest produce in bags in Truck No. HPK 733 without valid pass or permit. Since the accused persons committed the afore -said offences, proceedings were initiated against them. After usual investigation, they were charged for committing the above offences. The case of the accused persons was of a total denial.

(3.) The learned Magistrate, after considering the evidence on record, held that it was not proved beyond reasonable doubt that the accused persons illicitly removed forest produce Kali Tuli and committed the offences with which they were charged. Accordingly, the learned Magistrate acquitted all of them. The said order is challenged in the present appeal by the State.