STATE OF HIMACHAL PRADESH Vs. NATHU SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment dated 25.10.2002 of the learned Special Judge (Forests), Shimla, whereby respondents Nathu Singh, Subhash Chand and Om Parkash, who at the relevant time remained posted as Station Masters, Railway Station, Shoghi and respondent, Gurcharan Singh, who at the relevant time remained posted as Station Master, Railway Station, Summer Hill, Shimla, have been acquitted of charge under Sections 218, 467, 468, 471, 420, 379, 120-B of the Indian Penal Code, Sections 41-42 of the Indian Forest Act, Rules 11/20, 18/20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978 and Section 5(2) of the Prevention of Corruption Act, 1947.

(2.) CASE of the prosecution is that during the year 1981-82, one Nand Lal had been granted permission to export 2426 scants of timber vide permit Nos. 201/81-82, Ex.PW-1/V, 141/81-82, Ex.PW-1/P and 27/81-82, Ex.PW-1/ Z-4, but, actually 3478 scants had been despatched from Railway Station, Shoghi and Railway Station, Summer Hill against those permits. This was done in pursuance of criminal conspiracy hatched among these respondents and permit holder, Shri Nand Lal, who is no more. It was alleged that railway record was falsely prepared. The record was also forged and thus, offences of preparation of false record, forgery, cheating, theft and illegal export of timber, as also the offence of misconduct by the public servants were committed pursuant to aforesaid criminal conspiracy under Section 120-B of the Indian Penal Code.

(3.) PROSECUTION examined a number of witnesses and also proved various documents, including 22 railway receipts and the three permits. Respondents denied their involvement in the criminal conspiracy. They also denied that timber in excess of the quantity permitted to be exported, had been despatched from railway stations. It is stated that increase in the number of scants could have been due to cutting of some of scants into pieces to properly load and adjust the scants in railway bogies.