STATE OF HIMACHAL PRADESH Vs. BRIJ LAL

JUDGEMENT

(1.) THE present Criminal Appeal has come up for consideration after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure against the judgment dated 5.2.2011 passed by the Learned Additional Sessions Judge, Shimla (H.P)., in Sessions Trial No. 17S/7 of 1997, acquitting the accused/Respondents for the offences under Sections 41, 42 of the Indian Forest Act and under Section 307 read with Section 120B of the Indian Penal Code.

(2.) THE prosecution story in brief is that on 22.4.1995, at about 2.15 A.M. Dhani Ram, SI/SHO (PW10) along with ASI Roop Singh, ASI Basti Lal, H.C. Jagdish Chand and Constable -2 -Kuldeep Singh received secret information that truck LP No. HIS -1178 and a maruti van No. HP02585 are proceeding from Kotkhai area carrying illicit deodar sleepers without any permit as such Naka was laid at Chhaila. At about 2 A.M. van No.HP -02 -0585 came from Kotkhai side followed by truck No. HIS 1178. Both these vehicles were not stopped despite the signal given by the police party. Therefore, SHO Dhani Ram (PW10) prepared a rukka Ex.PW10/A and sent the same to Police Station, Theog. He along with other police officials chased said maruti van and the truck, in a maruti van No. HP -02 -3977 driven by driver cum owner Shri Inderjeet Singh. ASI Pratap Singh recorded the FIR Ex. PW 12/A at Police Station, Theog. While chasing the above two mentioned vehicles, several unsuccessful attempts were made by the chasing party to apprehend them.Dhani Ram ( PW10) also fired on the tyres of the said truck, but in vain. At Balag, accused Shameshwar Singh all of a sudden stopped the truck in the middle of the road and reversed it and hit the maruti van with intention to kill the occupants of the maruti van chasing the accused. . However, the front and side glasses of the maruti van got damaged. Subsequently, accused Shameshwar Singh intentionally caused the accident of the said truck and the truck was over turned in the middle of the road at Tiyala as a result of which the road was blocked. 105 deodar sleepers had fallen on the road. The accused persons had escaped from the spot. SHO Dhani Ram (PW10) took into possession the truck in question along with 105 deodar sleepers and tapaulines vide seizure memo Ex.PW1/A and handed over -3 -these on supurdari to Shri Vinay Sood, Range Officer, Theog vide supurdari memo Ex.PW2/A. The maruti van No. HP023977 and truck were got mechanically examined and no mechanical defect was found in the vehicles. Accused Suresh Kumar apprehended on 27.4.1995, made a disclosure statement Ex.PW1/B about the hide of accused Shmeshwar Singh, Briju, Pintu and Mintu at Pinjor. Maruti Van No. HP020585 along with its documents was produced by accused Brij Lal and the same was taken into possession by the police vide recovery memo Ex.PW4/A. The documents of the truck No. HIS1178 were found beneath the seat of the driver and the same were taken into possession vide memo Ex.PW7/A. On arrest accused Sushil Kumar alias Pintu made a disclosure statement Ex.PW 8/A about the place indicating from where 105 deodar sleepers were loaded into the said truck. After the completion of the investigation, the accused persons were charged for the aforesaid offences.

(3.) BASTI Ram (PW1), Roop Singh(PW11) and Dhani Ram (PW10) said to have witnessed the occurrence who laid naka and had chased the truck No. HIS -1178 and maruti van No. HP -02 -585, have supported the prosecution case. Whereas Constable Kuldeep Singh (PW7) present with the naka party has not stated anything except that truck along with its documents -4 -was taken into possession vide memo Ex.PW7/A. The only independent witness Inderjeet Singh (PW5), the driver of the maruti van No. HP -02 -3977 has turned hostile and did not support the prosecution case to its expectations. As per the testimony of PW5 (Inderjeet Singh) because of ill health on the relevant date he could not accompany the police in chasing the accused persons however his taxi was taken by the police which was driven by their own constable. PW5 has stated that he did not see any of the accused persons driving the said taxi No. HP -01 -0585 and truck No. HIS -1178.PW10 Dhani Ram while supporting the prosecution case has stated that when he along with other police officials was chasing the truck and maruti van in another maruti van No. HP023977 he fired repeatedly on the tyres of the truck but he missed and accused Shameshwar Singh managed to escape. However, at village Tiyala, the said truck was found over turned in between the road and the engine of the truck was not stopped.