STATE OF HIMACHAL PRADESH Vs. CHURU RAM

JUDGEMENT

(1.) THIS is an appeal filed by the appellant/State of Himachal Pradesh against the judgment dated 27.5.1999 of the Court of learned Sub Divisional Judicial Magistrate, Karsog, Distt. Mandi vide which the respondent was acquitted of the charge under Sections 41 and 42 of the Indian Forest Act.

(2.) BRIEFLY stated, the facts of the case are that on 4.5.1996, forest officials raided the house of accused at Village Sanarli and the accused admitted having brought wood without a valid permit which was issued to him as T.D. The accused handed over 21 logs of Deodar to the forest officials. It is further the case of the prosecution that on 29.4.1996, forest department also recovered 4 logs of wood from the saw mill of one Sant Ram which were given to him by the accused. These total logs of wood were recovered and were taken in possession and after affixing hammer mark, were given on Sapurdari to one Hari Ram of Village Sanarli. It is further the case of the prosecution that total 45 logs of wood were allotted to accused as T.D., 25 were transported to Village Sanarli and were recovered by the forest officials, while 13 logs of wood were handed over to one Tilak Raj. The case was filed before the learned trial Court who tried the case under Sections 41 and 42 of the Indian Forest Act resulting in acquittal of the accused.

(3.) THE submissions of the learned Additional Advocate General were that the prosecution case stands proved from the statements of the witnesses in regard to the recovery of timber without any permit, but the learned trial Court had wrongly acquitted the respondents on the basis of some contradictions in the statements of the prosecution witnesses and those findings are liable to be reversed. On the other hand, the learned counsel for the Respondent has supported the impugned judgment for the reasons given therein.