DHAJU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was tried arid convicted for the offence under section 33 of the Indian Forest Act by the Judicial Magistrate, Chopal. For this conviction, he was sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs. 2001-and in default, to undergo. further rigorous imprisonment for one month. His appeal against the above conviction and sentence has been dismissed by, the Sessions Judge.

(2.) The petitioner has now approached this Court to seek the quashing of the, aforesaid conviction and sentence.

(3.) The facts of this case reveal that on . 25.2.1981 P.W. 1 Sant Ram, Forest Guard accompanied by P.W. Sunder Singh was on patrol duty in Kobal forests beat when they found that the petitioner Dhaju Ram had illicity felled three deodar trees and was in the process of converting them into timber. In fact be had already converted and removed a bulk of the timber and only three scants were lying on the spot at the time the aforesaid Forest Guard apprehended the petitioner. The Forest Guard then prepared the damage report (Ex. PA). The seized scants were handed over to Sunder Singh P.W. on super-dan vide Memo. Ex. PB. The Forest Guard forwarded the damage-report to the Block Officer, Shri Bir Singh (P.W. 3). Shri Bir Singh then demanded compensation from the petitioner who refused to pay the same and made a statement EX. PC before the Block Officer. In this statement, the petitioner claimed that the trees in question had been felled not by him but his brother Relu Ram and that he, therefore, was not willing to offer any compensation. On the other hand he stated that he might be prosecuted. It was in these circumstances that prosecution was launched against the petitioner.