GURMAIL SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Una, dated 16.9.2003, vide which the appellant was convicted for offence under Sections 41 and 42 of the Indian Forest Act and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2000/-. In default of payment of fine, the appellant was to undergo further imprisonment for one month.

(2.) Briefly stated, the facts of the case are that 30.10.1999, at about 8.00A.M., PW-10 HC Ashok Kumar alongwith other police officials was on patrol duty at Chandpur Khad. A secret information was received that accused Gurmail Singh was bringing Khair wood in a Maruti Van No. PB-40-0041. The accused was accompanied by the driver. On receipt of the said information, PW-10 HC Ashok Kumar, Incharge P.P. Haroli, who was with him. Thereafter, he joined two witnesses Neelkanth and Updesh Singh in the raiding party. A Naka was laid by the side of the road and at 9.30 A.M., a Maruti Van came from Haroli side and was going towards Nangal side. He gave signal to the driver to stop the vehicle. But instead of stopping the vehicle, the driver hit him, as a result of which he fell down on the road and sustained injuries in his right leg and right arm. Accused Gurmail Singh was sitting on the front seat by the side of the driver. The driver of the van ran away from the spot and the vehicle was apprehended after some distance. Another person was also sitting in the said van at that time. Thereafter, they followed the Maruti Van on the scooters and the driver of the van on seeing them left the van after covering some distance by the side of the road. They caught hold of the Gurmail Singh and the driver and the third person managed to run away. After the investigation, the challan was filed before the Court of learned Sessions Judge and the appellant was tried by the learned trial Court for offence punishable under Section 307 read with Section 34 I.P.C. and under Sections 41 and 42 of the Indian Forest Act for having committed an offence under Rule 20 of H.P. Forest Produce Transit (Land Routes) Rules, 1978, read with Sections 41 and 42 of the Indian Forest Act. The appellant was held guilty under Sections 41 and 42 of the Indian Forest Act and convicted and sentenced as detailed above and was acquitted of the other charges framed against him.

(3.) This appeal has been filed by the appellant for setting aside his conviction and sentence under Sections 41 and 42 of the Indian Forest Act.