STATE OF HIMACHAL PRADESH Vs. DEVINDER SINGH

JUDGEMENT

(1.) The State felt aggrieved by the acquittal of the Respondents, hereinafter to be referred as 'the accused persons', recorded by the learned trial Court, in Criminal Case No. 15/2 of 2001, decided on 29th October, 2003, for the offences punishable under Sections 41, 42 of the Indian Forest Act and Sections 379 and 120-B of the Indian Penal Code, hence the State is in appeal before this Court.

(2.) In short, the prosecution story can be stated thus. During the intervening night of 5th/6th October, 1999, PW9 Sub Inspector Chura Mani had put a Naka at forest-check-post, Chandol, with the help of his subordinate police officials as well as the officials of the Forest Department, including PW11 Rajesh Kumar Block Officer. At about 3.40 am, a Maruti Car bearing registration No. DDD-5099 came from the side of village Sanaura. It was signaled to stop nearby forest check post. It was slowed down, the driver gave 2/3 dippers to pass a signal to vehicle No. HPA-8686 which was behind it, but thereafter accelerated towards Salech. The occupants of the vehicle were allegedly identified by PW3 Albel Singh, Forest Guard as Ravinder Singh and Rajinder Kumar, Respondents residents of Haripur Dhar. The Naka-party proceeded towards the truck which stopped at a distance of about 200 meters from them. On seeing Naqa party the occupants of the vehicle taking the benefit of darkness ran away. Out of them, accused Devinder Singh and Kuldip Singh were allegedly identified by PW11 Rajesh Kumar Block Officer. They were chased, but could not be apprehended. Thereafter the truck which was covered with Tarpaulin was checked. It was found having 70 scants of "Deodar" without any hammer mark. Its measurement was carried out. Photos Ext.P.1 to P.12 were also taken on next day. Case property was taken into possession alongwith the truck.

(3.) The police also prepared the site plan Ext.PW9/A. The truck alongwith the case property was taken to Rajgarh.