STATE OF H.P. Vs. TEJ RAM

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 17/7/2013, passed by learned Judicial Magistrate, First Class, Manali, District Kullu, H.P., (learned Trial Court), vide which the respondent (accused before the learned Trial Court), was acquitted of the commission of offences punishable under Sec. 447 of Indian Penal Code (hereinafter referred as IPC) and Ss. 32 and 33 of Indian Forest Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the Range Forest Officer made a complaint to the police stating that the respondent had encroached upon forest land measuring 1/12/68 hectares, bearing khasra Nos. 137, 140/1, 151/1, 173, 241, 242, 255 and 136 in Baragarh-III Forest. The State Government had issued a notification directing the registration of FIRs against those persons who had encroached upon more than 10 bighas of forest land; therefore, a complaint (Ex.PW2/A) was filed to register the FIR in compliance with the Government notification. The Police registered the FIR (Ex.PW4/A). HC Rakesh Kumar (PW4) investigated the matter. He obtained the demarcation and found that the encroached land was forest land. He prepared the site plans (Ex.PW1/A to Ex.PW1/C). A video recording was also carried out, which was transferred to the CD (Ex.PW4/C). The notifications (Ex.PW2/B and Ex.PW2/C) were taken into possession. The record of the proceedings of encroachment (Ex.PW2/C, Ex.PW2/D & Ex.PW2/H) was obtained. Statements of prosecution witnesses were recorded as per their version, and the challan was prepared and presented before the learned Trial Court after the completion of the investigation.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a charge was put to him for the commission of offences punishable under Ss. 32 and 33 of the Indian Forest Act and Sec. 447 of the IPC, to which he pleaded not guilty and claimed to be tried.