STATE OF HIMACHAL PRADESH Vs. MUKESH KUMAR

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondents, passed in Case No. 192 -1 of 2001, on 18.3.2004, whereby respondents were acquitted for the offences punishable under Section 379 read with Section 34 of the Indian Penal Code and Sections 41 and 42 of the Indian Forest Act, allegedly for transporting 44 scants of timber belonging to the Himachal Pradesh Forest Corporation in Tempo (TATA 407) bearing registration No. HP -14 -4836, owned by respondent Mukesh Kumar. Heard and gone through the evidence on record.

(2.) BRIEF facts giving rise to the present appeal can be stated thus. An information was received on 16.1.2000 at 8.45 a.m. in Police Station Kotkhai that the aforesaid Tempo -vehicle had overturned between Kotkhai and Jubbal on the road near Jaltahar on a small bridge and the scants of the timber are scattered on the road and some of them had fallen in the Nallah beneath the bridge and no one is present on the spot.

(3.) A Ruqa Ext.PW2/B was sent to the Police Station. PW10 ASI Jai Gopal took photographs of the tempo vehicle. PW8 Dhyan Singh, Chowkidar of the Forest Corporation identified the timber to be that of the Forest department, which was kept in his charge in Gajta Depot of the Corporation. To this effect, memo Ext.PW2/A was prepared. 7 pieces of Deodar wood, which were cut from the full length sleepers were also found in the Depot, which were also taken into possession vide memo Ext.PW12/D. According to the case of the prosecution, these pieces were got tallied with seven sleepers from it was cut, found on the spot, where the accident had taken place. The supurdari of the timber was given to PW7 Mohinder Dutt, Forest Guard vide memo Ext.PW7/A. The vehicle was got mechanically examined. Report is Ext.PW1/A.