STATE OF HIMACHAL PRADESH Vs. DINESH KUMAR

JUDGEMENT

(1.) THE State has challenged the acquittal of the Respondents passed by the leaned trial Court in Police Challan No. 310 -I of 2001, decided on 30.9.2004 for the offences punishable under Sections 41 and 42 of the Indian Forest Act and Section 379 read with Section 34 of the Indian Penal Code, hence the appeal.

(2.) IN short the prosecution story as emerges from the evidence can be stated thus. PW1 Krishan Ram was a Block Officer, posted at Bassa. During the intervening night of 13th and 14th April, 2000, he was present at harsi road alongwith Beat Guard Narender Parkash, Chamba Ram, Prem Singh and Tek Chand, Forest workers. Around 1.30 a.m., Vehicle No. HP -32 -0579 came from the opposite site being driven by Respondent Pushp Raj. Besides driver, there were five more occupants namely, Dinesh Kumar, Gopal Singh, Narinder Singh (dead), Hari Singh(dead) and Daya Ram. The vehicle was stopped. It contained 15 scants of Deodar. Respondents were asked to produce the permit or any valid document to transport the timber, but they failed to produce it. The timber in question also did not have any hammer mark. Aforesaid timber was unloaded and accordingly measured.

(3.) SITE plan of the place of alleged recovery Ext. PW12/B was prepared, statements of the other witnesses were recorded and the challan after completion was presented in the Court for the trial of the Respondents. They were accordingly charge -sheeted, to which they pleaded not guilty and claimed trial.