STATE OF HIMACHAL PRADESH Vs. AMI CHAND

JUDGEMENT

(1.) THE State of Himachal Pradesh through the instant appeal has assailed the impugned Judgment dated December 30, 1987, passed by the learned Sub -Divisional Judicial Magistrate, Rampur Bushar, District Shimla, whereby the Respondent was acquitted of the offence under Section 33 of the Indian Forest Act.

(2.) THE complaint was filed against the Respondent for the commission of the aforesaid offence alleging 'illicit encroachment upon four Bighas of land forming part of 'Bhadral ' demarcated protected forest. The trial Court by the aforesaid impugned judgment acquitted the Respondent for want of proof of notification. The State of Himachal Pradesh has come up in this appeal against the impugned judgment recording order of acquittal.

(3.) SUBSTANCE of accusations was put to the Respondent -accused, who pleaded not guilty and claimed to be tried. According to him he was in possession of the alleged encroached land since the time of his forefathers.