STATE OF HIMACHAL PRADESH Vs. MATHU RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 01.10.2005, passed by Judicial Magistrate, 1st Class, Theog, District Shimla, H.P., in Case No. 14 -1 of 2001, titled as State of H.P. Versus Mathu Ram & another, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) ON 12.10.2000, Head Constable Khem Raj (PW.7) alongwith police officials Devinder and Ramesh Chand, was present at a place known as Narail. They stopped vehicle bearing No. HIS 1918, owned by Mathu Ram (Accused No. 1) and driven by Sanjeev Sood (Accused No. 2). Police found the accused to be transporting 60 planks of Deodar without any permit. Accordingly Tara Dutt (PW.2), Incharge of the Forest Beat was called and property seized and entrusted to him in the presence of independent witnesses Laxmi Singh (PW3) and Joginder Singh (PW.8). Rukka (Ex.PW.7/A) was sent to Police Station, Theog, on the basis of which, FIR No. 185 of 2000 dated 12.10.2000 (Ex.PW.7/B) was registered, under the provisions of Sections 41 and 42 of the Indian Forest Act, 1927 (hereinafter referred to as the Act) against the accused. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, Challan was presented in the Court for trial.

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