STATE OF H.P. Vs. CHAURIA

JUDGEMENT

(1.) The State has challenged the acquittal of the accused in case No. 7/2 of 1986/3/3 of 1986 decided on 2.7.1986.

(2.) The case against the accused is Under Sec. 33 of the Indian Forest Act and the allegation against him is that on 18 -1 -1985 at about 6.00 P.M., Forest Guard Diwaker Sharma (PW -1) while patrolling the demarcated protected forest, Jandar, found the accused felling two Deodar trees of Class -V. The Forest Guard prepared the damage report (Ex. PA). Thereafter he recorded the confessional statement (Ex. PB) of the accused on the back of document Ex. PA. It has been duly signed by the accused as well as witness Hem Chand (PW -2). Thereafter, the matter was examined by the Deputy Ranger, Khema Ram (PW -3) who called upon the accused to pay the compensation.

(3.) The accused was prosecuted for the commission of offence falling Under Sec. 33 of Indian Forest Act before the Judicial Magistrate, 1st Class (1) Shimla but he was acquitted by the impugned judgment.