STATE OF HIMACHAL PRADESH Vs. MURTI RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 19th October, 2001, of the learned Special Judge (Forests), Shimla, whereby Respondents Murti Ram and Ors. (hereinafter called accused), have been acquitted of charge, under Sections 379, 411, 420, 467, 468, 471, 109, 167, 218 16/5/2014 Page 79 Nigam Singh Versus State Of H.P. and 120 -B of the India Penal Code and Section 5(2) of the Prevention of Corruption Act.

(2.) ACCUSED -Respondent Murti Ram and his deceased co -accused Mohi Ram were petty forest contractors. They used to enter into agreements with private land owners to purchase timber trees standing on private land and after obtaining permission from Forest Authorities, lumber those trees. In the year 1974, they submitted an application (Ex. PW -9/A) alongwith affidavits and agreement of a private land owner, situated in village Gurar, to the Divisional Forest Officer, with the request to mark the trees, standing on the land described in the said application. Divisional Forest Officer marked the application to accused Satya Dev Sharma, who was then working as Range Officer, with the direction to mark the trees on the private land described in those applications, after obtaining demarcation from the revenue officials.

(3.) 14 trees were marked, in respect of which, list Ex.PW -5/A -3 was prepared. It was certified by S.D.O. (Civil) Sher Singh (now dead) and the above -named accused forest officials that no tree had been marked on Government land and all the marked trees stood on the private land, described in application Ex.PW -9/A.