STATE OF HP Vs. BHAG CHAND

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 3.12.2003, vide which the respondents were acquitted of the charge under Sections 379/420/218/120-B IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 33,41 and 42 of the Indian Forest Act.

(2.) Briefly stated, facts of the case, as per the prosecution are that in the year 1993, Bhau Ram, Range Officer, Chhajpur Forest Range along with Dy. S.P. Enforcement, South Zone, Whether the reporters of Local Papers may be allowed to see the Judgment? Ys Shimla was present in the area in the month of October, 1993, as they were conducting investigation in case FIR No.14/93, 15/93 and 16/93 when Bhau Ram, Range Officer informed the Dy. S.P. about the large scale illicit felling in compartment Nos. 17 and 18 DPF Forest Chhajpur. He then joined other forest officials to conduct the checking of Chhajpur Forest. During the checking, respondent No.1 disclosed that he got marked trees under T.D.Scheme from Respondent No.2 Sobh Ram, Deputy Ranger and Respondent No.3 Bhag Singh Forest Guard, Jubbal who were the in charge of Chhajpur Forest Beet.

(3.) During the course of checking, it was found that in compartment No.17, trees of 5 stumps of Deodar which were over size of more than the Diameter of 100 Cu. M. and above with Khudan marks and said Khudan markers were freshly engraved. The said trees were having no hammer marks. The trees had been sanctioned under TD Scheme in favour of respondent Bhag Chand and three others persons, namely, Jai Chand, Karam Chand, Jangu Lal and Mehar Chand. The permits had been issued by respondent No.2.