STATE OF H.P. Vs. SHANKAR

JUDGEMENT

(1.) This is an appeal by the State against the judgment and order of the learned Chief Judicial Magistrate, Mandi dated 26 -12 -1986 in criminal case No. 310 -1/85. By the impugned judgment, the learned Court below found the accused -respondent Shankar Dass, owner of Shankar Tea Stall, Pandoh Bazar, District Mandi, not guilty under section 12 (I) of the H. P. Road Side Land Control Act, 1968.

(2.) The facts necessary for the purpose of the present appeal are that a complaint petition was filed to the learned trial Court under the aforesaid section on the allegation that on Kullu -Manali road, National Highway No. 21, which has been notified as a scheduled road by the Government, it was found on inspection by Shri K. K. Thakur, Junior Engineer, on 18 -6 -1985 that the accused was constructing a Khokha within the controlled width of the above road. Notice under the Act was duly served on the accused -respondent and as he did not comply with it, the complaint petition was filed.

(3.) The accused -respondent pleaded not guilty to the above charge and trial proceeded. To prove the story, the prosecution examined two witnesses and also exhibited documents including maps. Statement of the accused under section 313, Cr. P. C. was recorded and in his statement the accused denied the allegation and took the plea that the disputed Khokha was an old one having been constructed in the year 1950. The accused examined one Kanshi Ram as defence witness, DW 1.