STATE OF H P Vs. HARJI & OTHERS

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment of 29.12.2006 rendered by the learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, H.P., in Indian Forest Act No. 280-I/2004, whereby the respondents (for short 'accused') stood acquitted by the learned trial Court for the offences charged.

(2.) Facts in brief are that on 26.11.2003 Sh. Chet Singh, Forest Guard was on patrolling duty in Kliperi beat. He found that one second class kail tree was cut and the accused persons were converting the said tree into logs. The felling and converting of this tree into logs was witnessed by Tej Ram who was collecting dry fallen wood in the forest. Sh. Chet Singh, the forest guard prepared the damage report Ex.PW-1/A. The accused persons refused to sign the damage report. Tej Ram put his signatures to the damage report and iqbalnama. The timber were handed over on supardari to one Mr. Maghu Ram, Forest worker vide memo Ex. PW-1/C. The logs were then converted into sleepers and were carried out and stored in the depot concerned. Damage report was entered by the Range Officer Thachi. 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 by the learned trial Court to the accused for theirs committing offences punishable under Sections 32 and 33 of the Indian Forest Act read with Section 34 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.