STATE OF H.P. Vs. SUNDER SINGH

JUDGEMENT

(1.) The acquittal of the accused by the Sub -Divisional Judicial Magistrate, Rohru, in case No. 297/3 of 1982, decided on July 24, 1986, in a case under Sec. 33 of the Indian Forest Act, has been assailed by the State in this appeal.

(2.) The prosecution case, briefly, is that on 23 -12 -1981, Forest Guard Bhajan Dass, was on patrol duty in Forest Compartment No. 60 where he found two trees having been illicitly felled. The accused, who was standing nearby, admitted having felled the trees but stated that the trees were felled from his own land. However, damage report was prepared by the Forest Guard and thereafter confessional statement was also recorded which was signed by the accused. After investigation, the accused was prosecuted under Sec. 33 of the Indian Forest Act. The trial ended in the acquittal of the accused on the ground that the prosecution failed to establish the charge against the accused since the land in question was not demarcated. The question, therefore, is whether this conclusion of the trial court is correct or requires to be set -aside.

(3.) Perusal of the record discloses that the Forest Guard prepared the damage report against the accused and then recorded his confessional statement duly signed by the accused and two witnesses, namely, Bihari Lal and Nazir Mal. In his statement (Ex. PA) the accused has stated that he would get the land demarcated within a week and in case it was found that the trees belonged to the Government, he would pay the damages for the same. No measurement was carried out by him to substantiate his version of the case.