VED PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is directed against judgment dated 3.5.2005 passed by Additional Sessions Judge, Ghumarwin in Criminal Appeal No. 17/10 of 2004/2003 affirming judgment dated 17.10.2003 passed by Chief Judicial Magistrate, Bilaspur in Case No. 21 -1 of 1999/97 convicting the petitioners for offences punishable under Sections 41, 42 of the Indian Forest Act and sentencing each convict to undergo simple imprisonment for a period of six months and a fine of Rs. 3,000/ -. In default of payment of fine, to undergo simple imprisonment for a period of two months.

(2.) THE prosecution case in brief is that in the intervening night of 25/26.2.1997 at about 2.30 a.m. PW -11 S.I. Hari Singh along with PW -8 Harjeet Singh and Constable Amar Singh were on naka near Gharwasra -Kodra -Shahtalai road on a hired jeep No. HP -02 -5072 driven by Paramjit Singh. PW -1 Prithi Chand was also sitting in the jeep. In the meantime, a truck No. HIB -1215 driven by petitioner No.2 Mohan Lal came from Kodra side. The driver was stopped on giving signal. On suspicion, the truck was checked and on checking it was found that the petitioner No.2 was driving the truck and petitioner No.1 was sitting alongwith petitioner No.2 in the truck.

(3.) IT was found during investigation that aforesaid khair wood logs were being transported by petitioners to Katha Bhati Baseh Khud Hamirpur. Rajinder Pal, Contractor produced permit No. 4/96 -97 dated 22.11.1996 for permission to fell trees from the lands of the land holders and permit No. 100/CC/96 -97 dated 25.2.1997 issued by the D.F.O., Bilaspur for carrying 2415 khair logs valid upto 8.3.1997 for transporting the same. These permits were taken into possession. The case against the petitioners was that they were transporting 429 khair wood logs on the intervening night of 25/26.2.1997 at about 2.30 a.m. between sun set and sun rise without any valid permit or permission.