STATE OF H.P. Vs. NARINDER KUMAR

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal by the judgment dated 9 -7 -1986 passed by the Chief Judicial Magistrate, Nahan, District Sirmour in Criminal Case No. 115/3 of 1984. By the impugned judgment the learned trial Court acquitted nine accused -respondents under section 4 (3) of the Himachal Pradesh Land Preservation Act, 1978 (for short the Act).

(2.) Briefly stated, the allegation against the accused -respondents is that the accused persons illicitly felled trees of different classes from private areas of village Satna comprised in khasra numbers as. mentioned in the judgment without marking. A prima facie case was found under section 4 (3) of the Act against the accused persons. The accused persons pleaded not, guilty. The learned trial Court mainly considered as to whether for want of notification under sections 3, 4, 6 and 8 of the Act the conviction is not sustainable.

(3.) Heard Mr. Mohan Lai Chauhan, learned Asstt. Advocate General and Ms. Abhilasha Kumari, learned Counsel for the accused respondents.