GAGAN KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) The learned Special Judge, Kullu, District Kullu, upon Sessions Trial No. 58/2014, made a verdict, of, conviction upon accused Gagan Kumar, and, thereafter, sentenced him to undergo rigorous imprisonment, for a term of 10 years, and, there-alongwith imposed upon him a sentence fine, of, Rs. 1,00,000/-, and, in default thereto, sentenced him to undergo simple imprisonment, for a period of two years, for commission, of, offence, punishable under Section 20 of the ND & PS Act. Furthermore, the learned trial Court, also convicted, the accused Gagan Kumar, under, Section 41 and 42, of, the Indian Forest Act, read with Rule 11 and 20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978, and, made consequent therewith sentence(s) of simple imprisonment, till rising of the Court, alongwith a fine of Rs. 7500/-, upon him, and, in default whereof, sentenced him to undergo, simple imprisonment, for a period of one month. In addition, the learned trial Court, convicted accused Gagan Kumar, for commission, of, an offence, punishable under Section 379, read with Section 34 IPC, and sentenced him to undergo rigorous imprisonment, for a period of, one month, and, there- alongwith, imposed upon him sentence of fine, of, Rs. 2000/-, and, in default, of, payment of fine, he became sentenced to undergo simple imprisonment, for a period of one month. Co-accused, Bhagat Ram, Alam Ram and Harish Kumar, who became convicted for offences, punishable under Sections 11 and 20, of, the H.P. Forest Produce Transit (Land Routes) Rules, 1978, became sentenced to undergo imprisonment, till rising of Court, and, there-alongwith become sentenced to , a, fine of Rs. 7500/- each and, in default, of, payment of fine, each of the afore, became sentenced, to undergo further simple imprisonment, for a period of one month. Against the afore imposition, of, the afore sentence(s), upon convicts Bhagat Ram, Alam Ram and Harish Kumar, the State of Himachal Pradesh, has not preferred any appeal, seeking therethrough enhancement, of the afore imposed sentences, upon each of them, by the learned trial Court, in its verdict made, on 7.3.2018, upon Sessions Trial No. 58 of 2014.

(2.) Moreover, the State of H.P., has also, not preferred any appeal, seeking therethrough enhancement of imposition, of, sentence, of, simple imprisonment, upon convict Gagan Kumar, hence extending only till, the, rising of the Court, and, when the afore sentence, has also been submitted to be undergone by convict Gagan Kumar, besides when the apposite therewith, fine amount, has also been submitted to be deposited, (a) thereupon the convict Gagan Kumar, though, becomes estopped to cast a challenge thereon, especially vis-A-vis, charges, framed against him, under Sections 41 and 42, of the Indian Forest Act, read with Rule 11 and 20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978, (b) nonetheless, for ensuring his acquittal, the learned counsel appearing, for the appellant, before this Court, has strived to negate the findings of conviction, recorded against co-accused Gagan Kumar, vis-A-vis, the afore made charges against him.

(3.) Accused Gagan Kumar, has also challenged, the findings of conviction, and, consequent therewith imposition(s) upon him, of, the afore alluded sentences of imprisonment, and, of, fine, hence by the learned trial Court, for, a charge drawn against him, under Section 20 of the ND & PS Act, through his preferring the instant Criminal Appeal, before this Court.