STATE OF H P Vs. SHIV NATH

JUDGEMENT

(1.) This is an appeal by the State against the judgment of the learned Sub-Divisional Judicial Magistrate, Rohru, District Shimla dated 13-10-1986 in case No. 167/3 of 1984. By the impugned judgment, the learned trial Court found the accused Shiv Nath not guilty under S. 33 of the Indian Forest Act, 1927 and acquitted him.

(2.) Briefly stated, the facts are as follows. On 26-4-1983, it was alleged that the accused illegally felled a tree of Kail of Class II-B from U.F-Laka without permission of the Forest Department causing a total loss of Rs. 2077.32 paise to the Forest Department. The Forest Guard Shri Maldar Singh had seized one Geli of 22 feet on the spot. According to the prosecution, the accused made an extra-judicial confession before the above Forest Guard in the presence of witness Mangat Ram and Deputy Ranger Shri Bhau Ram.

(3.) The accused pleaded not guilty and his statement under S. 251 of the Code of Criminal Procedure was duly recorded.