STATE OF H.P. Vs. MAST RAM

JUDGEMENT

(1.) By this appeal, the State has challenged the acquittal of the accused by the Sub -Divisional Judicial Magistrate, Chopal in Case No. 11 -1/84, decided on 21 -9 -1985 Under Sec. 33 of the Indian Forest Act, 1927.

(2.) Briefly, the facts are that on 28 -5 -1983, Forest Guard Kali Ram was patrolling Nisculi Dehat with Kewal Ram, Block Officer, Mangat Ram and Sita Ram. They found five trees of Ban and three trees of Kail illicitly cut on the spot. As a result of inquiry, it was found that these trees were illicitly felled by the accused. He was summoned at the spot where two Gallies of Kail and two scants of one full tree of second "B" were seized by affixing seize hammer No. 28 by the Forest Guard and were then handed over on Spurdari to Sita Ram.

(3.) Damage report (Ext. PW 1/B) was prepared against the accused who also made extra judicial confession admitting the cutting of trees in question, and he signed the Iqbalnama in the presence of Mangat Ram, Sita Ram and Parma Nand. The Block Officer also investigated the case and recorded the statements of accused, Mangat Ram and Sita Ram. Then the challan was put up in the trial Court for the prosecution of the accused who pleaded not guilty and claimed to be tried.