LAWS(HPH)-2022-9-62

BARKAT ALI Vs. STATE OF HIMACHAL

Decided On September 30, 2022
BARKAT ALI Appellant
V/S
State of Himachal Respondents

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed the judgment dtd. 16/11/2012 passed by learned Sessions Judge, Kullu, H.P. in Criminal Appeal No. 97 of 2012(27 of 11) whereby the judgment and sentence passed by learned Chief Judicial Magistrate, Lahaul and Spiti, Camp at Kullu on 1/4/2011 in case No. 193-I/2006 was affirmed.

(2.) The petitioner was charged for commission of offences under Sec. 379 IPC and Ss. 41 and 42 of the Indian Forest Act. The allegation against the petitioner was that on 19/5/2006 he was illicitly transporting fourteen sleepers of Deodar wood without valid pass or permit and was apprehended at Forest Check Post, Larji at about 4.00 A.M. PW-3 Bansi Ram was posted as Block Officer (for short 'BO') at Forest Check Post, Larji. He had informed the Divisional Forest Officer (for short 'DFO'), Banjar, who further informed the police. An investigating team of police reached the spot. The vehicle bearing No. HP-02-0694 alongwith timber was seized vide memo Ext.PW-2/A. The timber was handed over to PW-3 Bansi Ram on sapurdari vide document Ext.PW-2/B. Rukka Ext. PW-5/A was prepared by HC Hari Ram and was sent to Police Station for registration of FIR through PW-1 C. Guddu Ram. FIR Ext. PW-5/B was registered. PW-3 prepared the assessment report of the value of seized timber vide Ext. PW-3/A. The petitioner was arrested and later released on bail. On completion of investigation, challan was presented in the Court.

(3.) Prosecution examined five witnesses to prove its case. PW-2 Lal Singh, Chowkidar and PW-4 Tikam Ram, Timber Watcher, were the persons who were on duty at Forest Check Post, Larji on the relevant day and had allegedly apprehended vehicle No. HP-02-0694 driven by petitioner at 4.00 A.M. and had found the illicit timber being transported in the said vehicle. PW-3 Bansi Ram was the B.O. posted at Forest Check Post, Larji. He informed the DFO, Banjar and had also valued the timber seized from the petitioner. PW-1 C. Guddu Ram had visited the spot alongwith HC Hari Singh to investigate the matter. PW-5 ASI Chaman Lal proved the receipt of rukka and registration of FIR.