STATE OF H.P. Vs. BASIE

JUDGEMENT

(1.) The State has challenged the acquittal of the accused by the Sub Divisional Judicial Magistrate, Theog in case No. 8/1 of 1985, under Sec. 33 of the Indian Forest Act.

(2.) The prosecution case is that he cut two trees of Deodar and Kial varieties from undemarcated protected forest U. 332 Paltan Forest. On 14 -1 -1984, while forest Guard Bhagat Ram was patrolling this forest, he found two trees of Deodar and Kial illicitly felled and none was there but 10 galtus were lying on the spot out of which four were of Kail and six were of Deodar. Since the house of the accused was nearby, he was called by the Forest Guard on the spot and asked in the presence of Shiv Lal (PW -2) whether he had cut the trees. The accused made extra judicial confession as a result of which Damage Report (Ex. PA) and Iqbalnama (Ex. PB) was prepared. The accused also signed the Iqbalnama thereby admitting the commission of the offence. The Block Officer also investigated into the matter and recorded the statements of Tara Chand and Shiv Lal pertaining to this case. He demanded compensation from the accused but on his failure to pay the same, the challan was filed against him.

(3.) The accused, in his statement, denied having committed any offence and claimed trial. The trial ended in the acquittal of the accused on the ground that the trial court found that Notification declaring the forest as "undemarcated protected forest" was not proved which was necessary before the accused could be punished for the commission of the offence. But for this conclusion, on this aspect, the trial Court found that the trees were cut by the accused and he had admitted the damage report and confessional statement thereby admitting the commission of the guilt.