BALDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal directed against the Judgment of the Special Judge, Kangra wherein the appellant Baldev Singh has been convicted under Sections 420, 467, 468 and 471 of the I. P-Code as well as Section 5 (2) of the Prevention of Corruption Act, and has been sentenced to an imprisonment tin the rising of the Court and to pay Rs. 400/-as fine under each count, in default to undergo imprisonment for four months under each count.

(2.) AFTER the appeal was heard, the judgment was pronounced on March 24, 1975 which was to the effect that the appeal was dismissed but modification was made in the sentence of fine awarded inasmuch as the total fine was not to exceed Rs. 600/ -. At present I am proposing to give my reasons for that judgment.

(3.) THE case of the prosecution was that between the year 1965 and 1967 the accused Baldev Singh was posted as Forest Guard in Kihar forest (Chamba ). While performing the duty of Forest Guard, he collected a sum of Rs. 1,164. 62 P as grazing fee from several person. This was done under certain Forest rules whereby a grazing fee is charged from persons doing grazing inside forest areas-The accused issued permits Exs. P. 1 to P. 28 and P. A. to P. C. to these, graziers. These permits were really forged ones and the purpose was to cheat the Government of the grazing-fee. When the graziers went to the Range Officer, Bhandal for renewal of permits, the forgery was detected and the permits were held back. On these facts, Baldev Singh was prosecuted for the various offences delineated above.