STATE OF H.P. Vs. CHATRO RAM

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant - State of Himachal Pradesh against the judgment of the Court of learned Addl. Chief Judicial Magistrate, Chamba dated 10.12.1998 vide which, all the respondents were acquitted of the charge under Sections 379 IPC and 33 of the Indian Forest Act.

(2.) BRIEFLY stated, the facts of the present case are that on

(3.) DHARAMCHAND 15 scants. 3. Besides above, 34 scants of Deodar were seized outside the forest area. The case was tried by the learned trial Court, which resulted in the acquittal of the accused persons. The submissions made by the learned Additional Advocate General for the State were that the recoveries had been duly proved to have been made from the house of the accused persons and there was damage reports and confessional statements of the accused persons which were also proved in evidence and, therefore, the learned trial Court had come to a wrong conclusion that the guilt of the accused persons had not been establish. 4. On the other hand, the learned counsel for the respondents had pointed out some infirmities in the statements of witnesses, which shall be referred below, and had supported the findings recorded by the learned trial Court.