STATE OF H.P. Vs. HARDYAL AND ORS.

JUDGEMENT

(1.) THE instant appeal is directed by the State against the judgment rendered on 04.04.2006 by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahar, H.P., for enhancement of sentence as meted to the accused/respondents by the learned Sessions Judge while convicting them for theirs having committed offences punishable under Sections 32 and 33 of the Indian Forest Act and Section 379 read with Section 34 of the IPC, inasmuch as the learned Sessions Judge, Kinnaur at Rampur Bushahr having rendered a grossly inadequate sentence of imposing fine upon the accused/respondents in the sum of Rs. 500/ - each for proven commission of offences under Sections 32 and 33 of the Indian Forest Act and as also sentence of fine of Rs. 500/ - each for proven commission of offence under Section 379 read with Section 34, IPC by the accused/respondents.

(2.) BRIEF facts of the case are that on 19.01.2003 at about 1.00 p.m, the complainant Shri Hardev Singh, Forest Beat Guard, Chawai along with his helper Shri Shiv Ram were on patrolling duty in Forest Compartment No. C -149, UEF and found that one 1st D (deodar) tree was felled by the accused persons and they were also sawing it and making its logs, then the complainant asked the accused why they have cut the one deodar tree then accused Hardyal Singh replied him that he had cut the deodar tree, whatever you want to do, you do that. On it, the complainant tried to take into possession the instruments of cutting then all of a sudden, all the accused started picking up quarrel with him and also pulled him and hurled filthy abuses to him. Accused Hardyal Singh has also laid the complainant on the earth by pushing him and also threatened him to do away with his life. The complainant was rescued from the clutches of the accused by his helper Shri Shiv Ram. Thereafter, all the accused have also forcibly taken away their sawing instruments from the complainant and fled away from the spot. The accused have sawn the five logs of the tree on the spot and two logs were found on the spot un -sawn. The front (top) portion of the felled tree was not found by the complainant and his helper on the spot, which was removed by the accused prior to their reaching the spot. The accused have been alleged to have illegally felled one deodar tree on the spot as also threatened the complainant and obstructed or prevented the complainant and his helper in the discharge of their official duties being public servants. The complainant reported the matter to the police on 20.1.2013 on the basis of which FIR was registered in the Police station concerned. During the course of investigation, the Investigating Officer prepared the site plans, procured the damage report, took into possession sawing instruments and logs and other relevant documents relating to the case.

(3.) ACCUSED were charged for theirs having committed offences punishable under Section 32 read with Section 33 of the Indian Forest Act and Sections 379, 353 and 506 read with Section 34 of the IPC by the learned trial Court to which they pleaded not guilty and claimed trial.