STATE OF HIMACHAL PRADESH Vs. NAND KISHORE

JUDGEMENT

(1.) THE State came in appeal against the judgment of acquittal against the respondents passed by the learned trial Court in Criminal Case No. 26/2 of 2003, decided on 28.4.2005, under Sections 41 & 42 of the Indian Forest Act and Rule 20 of the H.P. Forest Produce Transit (Land Routes) Rules, 1978. Heard and gone through the evidence on record.

(2.) THE respondents were put on trial on the allegations that on 11.5.2002, at about 5.30 a.m at the place known as Gajrot, the respondents were found illegally transporting, 81 sleepers of different sizes, out of which 74 of Deodar and 7 of Rai species, in truck bearing registration No. HP -25 -0903 without permit. The truck aforesaid was being driven by Ganga Singh (since deceased) and Nand Kishore (respondent) was found sitting besides him. PW 15 Sub Inspector, Bansi Lal, the then SHO of Police Station Renukaji was heading the police party. He had intercepted the said truck in the early hours of day. At the place aforesaid, neither Ganga Singh nor Nand Kishore could produce any document of permission for transporting the timber. The measurement of the timber was taken. The timber in question alongwith the truck were taken into possession vide memo Ext. PW1/A. 2. Ruka Ext. PW2/B was sent for registration of the case which ultimately culminated into FIR. Ganga Singh as well as Nand Kishore both were arrested. During interrogation, they also pointed out the place from where the timber was loaded in the truck. To this effect, memo Ext. PW3/A was prepared followed by site plan Ext. PW16/B. DFO, Renukaji was also informed. The timber in question was given on supurdari to Block Officer Babu Ram. The documents of the vehicle were also taken into possession. During interrogation, Ganga Singh and Nand Kishore disclosed the names of other co -accused having complicity in crime. They were also arrested. Later, all the accused were granted bail.

(3.) TO prove its case, the prosecution examined its witnesses. Respondents were also examined under Section 313 of the Code of Criminal Procedure. They denied the allegations, but however did not lead any evidence in defece.