STATE OF HIMACHAL PRADESH Vs. KHUSHAL CHAND

JUDGEMENT

(1.) STATE has filed this appeal, challenging the judgment dated 10.1.2001, of learned Special Judge, whereby Respondents Khushal Chand and others, who were tried for offences, under Sections 120 -B, 379, 420, 467, 468, 471 IPC, Section 5(2) of the Prevention of Corruption Act, 1947, Section 11 of H.P. Taxation on Certain Goods Carried by Road Act, 1976 and Rule 18/20 of the H.P. Forest Produce Transit (Land Route) Rules, 1978, have been acquitted.

(2.) CASE of the prosecution, as per evidence on record, is like this. Respondent Khushal Chand, who is resident of village Barthata, was granted 11 bighas 9 biswas land, shown by Khasra No. 144/1/5, in village Barthata, Tehsil, Jubbal, with 14 timber trees of Kail species, standing thereon, under Nautor Rules, in the year 1976. Soon after the sanctioning of Nautor, he applied for exchange of land granted to him, with land bearing Khasra No. 144/1/1 belonging to the State of H.P. Range Officer of Forest Department, namely Respondent No. 2 Raghubir Chand, who is now dead, made a report that there stood 44 Kail and Fur trees on the land, which Respondent Khushal Chand wanted to get in exchange, and forwarded the case to the D.F.O. Ultimately, the matter went to the Deputy Commissioner, Shimla, who disallowed exchange of Khasra No. 144/1/1, on account of a large number of trees standing on that land and sent the case to the Tehsildar.

(3.) ABOUT 7 months after the aforesaid exchange, Respondent Khushal Chand made an application to the D.F.O., Rohru for demarcation of the land which had been allotted to him in exchange, i.e. land bearing Khasra No. 144/1/4. Though, it was not specifically mentioned in the application that demarcation was required for the purpose of felling trees standing on that land, the very fact that the application was addressed to the Forest Department, indicates that purpose was to seek permission to fell the trees. That application was marked by the D.F.O. to the Range Officer to get the land demarcated and also to mark the trees standing thereon. Demarcation was carried out by Chet Ram, Field Kanungo, in the presence of Shri Bhagat Chand Negi, Block Officer on 19.3.1980. On the basis of that demarcation, 35 trees of Kail and