STATE OF HIMACHAL PRADESH Vs. KAUL RAM

JUDGEMENT

(1.) MS . Suman Thakur, learned counsel for the respondents submitted that though she was engaged as counsel in this case, but the respondents have taken away the brief, however, she has prepared the case and so far, no other counsel has been engaged by the respondents. Since it is an old matter pertaining to the year 2003, Ms. Suman Thakur, Advocate is hereby appointed as ˜Amicus -Curie in this case to assist the Court.

(2.) THE accused persons were charge -sheeted, tried and acquitted by the learned trial Court, for the offences punishable under Sections 32 and 33 of the Indian Forest Act and Sections 379, 201 and 435 read with Section 34 of the Indian Penal Code, hence the present appeal by the State.

(3.) PRECISELY , the case of the prosecution is that on 28th July, 2003, PW1 Roshan Lal, Forest - Guard was posted in Beet Torsa Khashdhar range. During the checking of the jungle, he came to know about the encroachment made by the respondents over two bighas of government land for agricultural purposes. When he was on his way back, he met the Block Officer alongwith police and got recorded his statement Ext.PW1/A under Section 154 of the Code of Criminal Procedure, on the basis of which FIR Ext.PW1/B was formally registered.