TARA CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) TARA Chand, Budh Ram and Lok Bahadur were prosecuted for offences punishable under Sections 447, 379 Indian Penal Code and Section 33 of the Indian Forest Act, Budh Ram died during trial. The learned Sub Divisional Judicial Magistrate, Rampur Bushahr in case No. 12 -2 of 2000 acquitted Tara Chand and Lok Bahadur for offence punishable under Section 447 Indian Penal Code and Section 33 of the Indian Forest Act but convicted them under Section 379 Indian Penal Code on 25.3.2004. Tara Chand has been sentenced to undergo simple 1 Whether reporters of Local Papers may be allowed to see the Judgment ? yes imprisonment for six months and fine of Rs. 1,000/ -. Lok Bahadur was sentenced to undergo simple imprisonment for three months and fine of Rs. 500/ -. In default of payment of fine, both of them were sentenced to undergo further imprisonment. Tara Chand and Lok Bahadur filed Criminal Appeal No. 3 of 2004 which so far Lok Bahadur is concerned has been allowed but appeal of Tara Chand was dismissed on 22.1.2005 by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, hence revision by Tara Chand.

(2.) THE facts in brief are that Budh Ram since deceased at the relevant time was working as servant with one Duni Chand of village Salech. Lok Bahadur was working as domestic servant with Tara Chand. On 23.1.1999 all of them illicitly felled two kail trees, one of IIA and another of II -B category from DPF C -72 notified government forest and converted them into logs. PW -3 Man Mohan Singh had seen them committing the theft. He tried to prevent them from cutting the trees but accused abused him and threatened to give him beatings. PW -3 reported the matter to his father PW -2 Beli Ram, complainant, who also visited the spot and found two kail trees illicitly felled from government forest.

(3.) ON completion of investigation, challan was submitted and the accused were charged for commission of offence under Sections 447, 379 Indian Penal Code and Section 33 of the Indian Forest Act. The accused pleaded not guilty. The prosecution has examined eight witnesses in order to prove its case. The statements of accused Tara Chand and Lok Bahadur were recorded under Section 313 Code of Criminal Procedure They denied the prosecution case and pleaded their innocence. They led no evidence in defence. On conclusion of trial, learned Sub Divisional Judicial Magistrate, Rampur Bushahr, convicted Tara Chand and Lok Bahadur under Section 379 Indian Penal Code but acquitted them under Section 447 Indian Penal Code and Section 33 of the Indian Forest Act. In appeal, the learned Sessions Judge upheld the conviction and sentence of Tara Chand but allowed the appeal of Lok Bahadur. The learned Sessions Judge has held that learned Sub Divisional Judicial Magistrate has erred in acquitting Tara Chand under Section 447 Indian Penal Code but has also held that appeal against acquittal of Tara Chand under Section 447 is not maintainable before him. In revision, legality of conviction and sentence of Tara Chand under Section 379 Indian Penal Code is left for consideration.