STATE OF HIMACHAL PRADESH Vs. VRIJINDER KUMAR

JUDGEMENT

(1.) State has filed this appeal against the judgment of Additional Chief Judicial Magistrate. Court No.I. Shimla. dated 2.6.2001.in case No.93/2 of 1994. After conclusion of the trial respondents have been acquitted of the offences under rules 5.7.11 and 20 of H.P. Forest Produce Transit (Land Routes) Rules. 1978 framed under Sections 41 and 42 of the Indian Forest Act read with section 120 -B Indian Penal Code and Section 471 read with Section 120 -B of the Indian Penal Code.

(2.) As per prosecution case on 10.5.1993 at about 3.10 P.M. PW -3 DW Negi. S.H.O. Police Station. Shimla East was patrolling at village Mehali. He was accompanied by other police officials. Truck No. HP -07 -1157 came from Junga side. For checking purposes it was stopped. Sant Ram respondent was on its wheel. Shakat Ram Munshi was sitting in the truck. On verification it was found that 161 scants of Deodar wood were there in the truck. According to the prosecution case those were in the name of Vrijinder Kumar respondent No.I. 5 scants were found without hammer mark.

(3.) In this background truck alongwith timber was seized at the spot. A Rukka Ext.PW -3/A was sent by PW -3 from the spot. On its basis F.I.R. Ext.PW -2/A was recorded by the then Additional S.H.O. P.W. -2 Phool Prakash. Investigation was undertaken by P.W. -3 DW Negi.