STATE OF H P Vs. LAXMI NAND

JUDGEMENT

(1.) Criminal Appeal No. 43 of 1985 is by the State of Himachal Pradesh against the judgment passed on 9/11/1984 by Special Judge, Shimla, in Criminal Case No. 34-S/7 of 1983 acquitting the accused-respondents of the charges under Ss. 379, 411, 420, 120B, 407, 468, 218, l19 and l17 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act.

(2.) Criminal Appeal No. 14 of 1985 is by accused-respondents Gulabu Ram and Sadh Ram, seeking to set aside the order passed by Special Judge, Shimla, on 9/11/1984 while acquitting them and ordering the confiscation of the seized timber in favour of the State with a prayer to direct its return or sale proceeds thereof to them.

(3.) The facts as revealed, on the basis of which accused-respondents were tried for the aforementioned charges are as under. Accused-respondents Nos. 7 and 8 had their partnership firm by the name of M/s. Gulabu Ram Sadh Ram which had been dealing with the timber business. Sohan Lal, accused-respondent No. 5, who is son of Gulabu Ram, at the relevant time was posted as Reader in the Court of Sub-Judge-cum-Judicial Magistrate, Theog. Ram Lal, respondent No.6 son of Sadh Ram, respondent No.8 had died during the pendency of the case before the Special Judge. Respondent No. 8 was posted as the Forest Range Officer at Kotkhai and respondents No.2 and 4 as Forest Block Officer within Kotkhai Range. Respondent No. 1 was Kanungo in Sub Tehsil Kotkhai.