STATE OF H.P. Vs. DINESH KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Judicial Magistrate Ist Class, Bilaspur in case No.2/3 of 1997/93 whereby he has acquitted the accused of the charges under Sections 41 and 42 of the Indian Forest Act.

(2.) THE prosecution case in brief is that on 28.3.1993 at about 12.30 mid-night ASI Puran Chand (PW10), ASI Ranjha Ram (PW9), Constable Ishwar Singh, Constable Raj Kumar, Constable Ashwani Kumar and Constable Bhag Singh (PW7) were on patrolling duty. They had laid a Naka at Beri for checking of the vehicles. They apprehended truck No.HPK-5117 being driven by accused Chamel Singh coming from Barmana towards Ghagas. Six other persons were also travelling in the truck. When the truck was checked 62 sleepers of Deodar wood were found in the said truck. The said timber was without permit and did not bear any hammer mark. None of the accused could produce any permit with regard to the timber. The timber was seized vide recovery memo Ext. PW7/A. FIR Ex.PB was lodged and investigation conducted. After the investigation, the accused were charged for having committed offences under Section 41 & 42 of the Indian Forest Act. They pleaded not guilty and claimed trial. The prosecution examined as many as ten witnesses in support of its case. Hence the present appeal.

(3.) THERE can be no manner of doubt that the truck was apprehended and 62 sleepers of timber were found in the truck. However, the prosecution has failed to prove that the accused were guilty of any offence. The driver was alleged to be Chamel Singh. As far as the other accused were concerned, there is not even an iota of evidence that they had anything to do with the timber. There is no allegation or evidence to show that these accused persons had either cut the timber or that the timber was being carried in the truck at their instance. The mere fact that these six persons were travelling in the truck along with some alleged illicitly felled timber is not sufficient to hold them guilty of any offence.