STATE OF H P Vs. KESRI NAND

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on 30.08.2007 by the learned Judicial Magistrate, 1st Class, Barsar, District Hamirpur, in Case No. 25-1-2006/4-III-2006, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that a complaint has been presented by the Dy. Ranger Officer, Kewal Krishan of H.P.Forest Department against the accused Kesri Nand with the allegations that on 12.2.2005 at place Harma accused had established a saw mill and he was sawing the wooden scants of General Public without any valid permit. The forest officials went to the spot and took into possession 33 planks and three logs on the spot vide memo Ext.PW-2/A and sealed the saw mill on the spot with chain and lock. They also prepared damage report Ext.PW-1/A, recorded confessional statement of the accused Ext.PW-1/B and handed over the recovered wooden planks to Beat Guard Rajinder Kumar on sapurdari vide memo Ext.PW-1/C. The Forest official also placed on record copy of notice issued to the accused Ext.PW-3/A. They also demarcated the suit land and procured the demarcation report from Patwari as Ext.PW- 6/A. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) Notice of accusation stood put to the accused by the learned trial Court for his committing offences punishable under Section II Clause 15(I) of the Indian Forest Act, 1971 to which he pleaded not guilty and claimed trial.