STATE OF HP Vs. RAM LUBHAYA

JUDGEMENT

(1.) Being aggrieved, the appellant - State has preferred the present appeal against the judgment dated 7.5.1997 passed by the learned Sub Divisional judicial Magistrate, Nurpur, whereby the respondents -accused (hereafter referred to as the respondents) have been acquitted of the accusations under sections 11 read with section 12 of the Indian Forest Act.

(2.) Case of the prosecution, in brief, is that on the night intervening 12/13 June, 3991, S.S. Parmar, (pw -1) Range Officer, Indora, alongwith some forest and police officials, was present near village Haler. At about A A.M. on 13.6.1991, two trucks bearing Nos. PUG -9057 and PAT 5065 were seen proceeding from Haler to Punjab. The trucks were stopped and it was found that the trucks were loaded with mango wood. One Surjeet Singh was the driver of truck PUG -9057 and respondent No. 1 Ram Lubhaya was driver of truck No PAT -5065. One Raj Kumar and respondent No. 2 were the conductors of the said trucks respectively. On asking, the drivers could not produce the export permit. Therefore, they were asked to drive the vehicles towards Thakurdwara . Since the road was very rough and narrow and the steering of truck PUG -9057 which was ahead of the other truck failed., therefore, the trucks could not move further. Pw -1 made an application to S.H.O. Police Station, Indora on 11.6.1991 at about 8 P.M. on basis of which FIR No. 251 of 1991 was recorded against respondents, Surjeet Singh and Raj Kumar. During investigation, the trucks were seized vide memo Ex.pW -1/B and the wood loaded therein was given on spurdari to Pw -1 vide memo Ex.PW -1/C. The documents pertaining to the trucks were also taken into possession and statements of witnesses were recorded. On completion of investigation, charge sheet was submitted by the officer incharge of the concerned police station against the respondents, Surjeet Singh and Raj Kumar

(3.) At the trial, presence of Surjeet Singh and Raj Kumar could not be secured, therefore, they were declared proclaimed offenders. The respondents were tried on the accusations under sections 11/12 of the Indian Forest Act. To prove the accusations against them, prosecution examined four witnesses. Statement of the accused under section 313 Cr. P.C. was recorded, wherein they denied the prosecution case. Respondent Ram Lubhaya further claimed that he was carrying bricks in his truck and a Range Officer and the police officials met him and they asked him to carry some wood to Bhadrwna. On refusal to oblige, he was falsely implicated in the case. The respondents, however, did not lead any defence evidence.