STATE OF HP Vs. BHAGAT RAM

JUDGEMENT

(1.) This is an appeal filed by the State of Himachal Pradesh against the judgment of the Court of learned Special Judge(Forests) Shimla dated 27.7.2002, vide which the respondents were acquitted of the charge under Sections 379/420/218/120-B IPC.

(2.) Briefly stated, facts of the case, as per the prosecution are that respondent No.1 had illicitly felled and committed theft of a Kail tree from Compartment No.13 Chhajpur Forest in the month of August, 1993. According to the prosecution case, respondent No.2 remained posted as Block Officer, Chhajpur Forest during the years 1992-93 and during these years, respondent No.3 remained Whether the reporters of Local Papers may be allowed to see the Judgment? Yes posted as Forest Guard, Forest Beat Chhajpur. Both the respondents No.2 and 3 have died and the appeal as against them stands abated accordingly. Therefore, this Court has to consider the evidence as against respondent No.1 only to consider as to whether the charge as against him stands substantiated from the prosecution evidence or not.

(3.) The prosecution has further alleged that on 10.10.1993 PW- 20 Gobind Singh then Deputy Superintendent of Police Enforcement, South Zone, Shimla alongwith PW-1 Bhau Ram the then Range Officer, PW-3 Yoginder Singh PW-15 Jagat Ram the then Forest Guards and others conducted the checking of Chhajpur Forest regarding illicit felling. During the said checking a stump of Kail having T.D.Khudan mark was found in Compartment No.13 Chhajpur Forest. The hammer mark was not visible. 39 scants of timber were found lying scattered at some distance in the said forest.