STATE OF HIMACHAL PRADESH Vs. DURGA SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 13.1.2004 of learned Special Judge (Forests), Shimla, whereby Respondents and some other persons who were tried along with and are now dead have been acquitted of charge under Sections 379, 411, 420, 467, 468, 471, 218, 120 -B IPC and Sections 5(2) of the Prevention of Corruption Act, 1947 and Sections 41/42 of the Indian Forest Act read with Rules 3/17 of H.P. River Rules, 1971.

(2.) CASE of the prosecution, which led to the trial of the Respondents along with some other persons may be stated. Respondents Durga Singh, Surat Ram and Relu Ram were the partners of a firm, known as Nerva Timber Company. The business of the firm was to buy the standing trees in private forests, from the owners of such forests and to convert these trees into timber. They allegedly conspired with revenue officials and forest officials to fell trees from government land in the garb of felling trees from private land. The forest officials who were partners in the alleged conspiracy are Respondents Sita Ram, I.D. Sharma (now dead) who was discharged, Mangat Ram Block Officer (now dead) and revenue officials Sher Singh, S.D.O.(Civil) now dead, Inder Singh (now dead), Kedar Singh, Field Kanungo (now dead).

(3.) D .F.O. Sh.I.D. Sharma directed Range Officer Sita Ram Respondent No. 5 to carry out the demarcation on the spot with the help of his subordinate forest officials, after obtaining demarcation from the revenue department Sita Ram then approached the then S.D.O.(Civil) Sher Singh (now dead) to give demarcation. Sher Singh himself went to the spot to give demarcation. He was assisted by Field Kanungo Kedar Singh, who is now dead. Because of alleged conspiracy, Sher Singh showed during the demarcation certain government forest areas, adjoining the private land, as private land, and trees were marked on that government forest land by Respondent Sita Ram and his supporting forest department staff. Lists of trees were prepared, which are Ex. PW 17/A -9 and Ex. PW 17/A -12. Certificates were appended on these lists by the forest officials, including Sita Ram Respondent No. 5, that no tree had been marked on government land and that all the marked trees stood on private land, in respect of which applications had been submitted to the D.F.O. The Divisional Forest Officer sanctioned felling of trees. M/s Nerva Timber Company thereafter sold the standing marked trees to a firm, by the name of Moti Lal Okata and Company, of which Respondents No. 6 to 14 are the partners.