STATE OF H P Vs. TARA CHAND

JUDGEMENT

(1.) The State of Himachal Pradesh has filed instant appeal against the judgment dated 17.4.1993 passed by the learned Sub Divisional Judicial Magistrate, Nalagarh, whereby the accused were acquitted for the offence under Sections 279/109 I.P.C. read with Sections 41/42 of the Indian Forest Act, 1927.

(2.) During the intervening night of 22nd/23rd July, 1989 at about 1.30 a.m., a truck allegedly bearing fake number plates having No. HPA-857 instead of its actual No. HIU 4737, was apprehended by S/Sh. Prithvi Kumar and Tara Chand who according to the first information report, lodged with the Police Station Nalagarh had received secret information with respect to the illegal transportation of the aforesaid commodity belonging to the State. After the vehicle was apprehended, AddI. S.H.O. named Sh. Ashavathama also visited the spot. Shri Hardip Singh Kingra, DFO Nalagarp lodged complaint Ex. P.W. I/A with Police. The Investigating Officer recorded the statements of various persons (officials as well as non-officials witnesses) in the instant case. After completion of investigation the accused were prosecuted for the commission of the above said offences.

(3.) The learned Court below on appraisal of the entire evidence adduced by the prosecution, recorded an order of acquittal as indicated above. Aggrieved with the aforesaid judgment the State has come up in this appeal.