GURNAM SINGH Vs. STATE OF HP

JUDGEMENT

(1.) The petitioners challenge their conviction under Section 41 and 42 of the Indian Forest Act, which has been affirmed by the Sessions Judge, Bilaspur only under Section 41 and 42 of the Indian Forest Act. The learned trial Court, on the evidence before it convicted Whether reporters of the Local papers are allowed to see the judgment?yes . the petitioners including one Ram Dev Vishav Karma (since declared proclaimed offender) under Section 379 I.P.C. read with Section 41 and 42 of the Indian Forest Act and sentenced each of the accused to undergo imprisonment for one year and pay fine of Rs. 500/- for the offences under Section 379 I.P.C. and rigorous imprisonment for six months and fine of Rs. 500/- for offences under Sections 41 and 42 of the Indian Forest Act. In default of payment of fine, the accused were sentenced to various terms of imprisonment.

(2.) No. appeal was preferred by the proclaimed offender Ram Dev Vishav Karma but only by petitioners herein. The learned Sessions Judge on the evidence on record set aside the conviction under Section 379 I.P.C. but maintained the conviction under Sections 41 and 42 of the Indian Forest Act.

(3.) The prosecution case in brief is that on 27.10.1996 at around 1.30 a.m. PW12 S.I.Ghambhir Chand, Police Station, Kotkehloor along with PW5 Tulsi Ram, PW4 LHC.Rattan Lal and Achhru Ram, apprehended the accused who were transporting 35 khair logs without permit in the tractor trolley and were trying to make good their escape under the cover of darkness. These logs were purportedly being transported for sale in Punjab. Rukka Ext.PA was sent to the Police Station and F.I.R. Ext. PY was recorded. After recording the evidence of twelve witnesses, learned trial Court convicted all the accused. The learned appellate Court re-appreciated the entire evidence and concluded that the petitioners were guilty of offences under Sections 41 and 42 of the Indian Forest Act.