STATE OF HIMACHAL PRADESH Vs. JAI SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 08.11.2005, passed by Sub Divisional Judicial Magistrate, Rampur Bushahr, District Shimla, H.P., in Case No. 121 -3 of 2003, titled as State of H.P. Versus Jai Singh, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) ACCUSED was put to face trial in connection with the complaint filed by the Department of Forests, Government of Himachal Pradesh. Allegedly, from the declared reserved forest, belonging to the Government of Himachal Pradesh, accused, on 17.09.2000, illicitly felled one tree of Deodar. Incident was witnessed by the Forest Guard, Madan Lal (PW.1), who was then accompanied by Laxmi Dutt (PW.2) and Chuni Lal (PW.4). Madan Lal prepared damage report (Ex.PA). He also associated Radha Krishan (PW.3), an independent witness, to whom the logs, so extracted by the accused, were entrusted on Supurdari, vide memo (Ex.PC). The offence being compoundable, damage report was prepared and accused was asked to pay the monetary compensation as damages. Since he failed to do so, prosecution lodged a complaint against him. In crux this is the case of the prosecution.

(3.) IN order to establish its case, in all, prosecution examined as many as seven witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took up the defence of false implication. No evidence in defence was led.