RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dt. 7/11/2016, passed by learned Additional Sessions Judge-II, Mandi, Camp at Jogindernagar, District Mandi, H.P. (learned Appellate Court), vide which the judgment of conviction dt. 22/12/2012 and order of sentence dt. 27/12/2012, passed by learned Judicial Magistrate First Class, Jogindernagar, District Mandi, H.P. (learned Trial Court) were upheld and the appeal filed by the petitioners (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sec ion 379 read with Sec. 34 of the Indian Penal Code (IPC) and Ss. 41 and 42 of the Indian Forest Act. It was asserted that HC Dharam Chand (PW11), Beat Officer Hardev Singh (PW3), Forest Guard Rattan Chand (PW1), Forest Guard Ram Singh (not examined), Vikram Singh, Sham Lal (not examined) Constable Vijay Kumar (PW8) and Constable Amar Singh (PW7) were present at Jhatingri in the official vehicle bearing registration No.HP-33-6973 on the intervening night of 28/29/1/2007. A vehicle bearing registration No. HP-29-2754 came to the spot at about 1.30 AM. The police signalled the driver to stop the vehicle. The driver identified himself as Rajinder Kumar. Three other persons were sitting in the truck besides the driver, who identified themselves as Ram Singh, Kamal Kishore and Dharminder Singh. Gunny sacks were loaded in the truck. These were checked and found to contain Dandasa (walnut bark). A permit for transporting the Dandasa (walnut bark) was demanded, but no permit was produced. The police counted the gunny sacks and found them to be 97 The police seized the gunny sacks vide memo (Ex.PW1/A). Dharam Chand prepared the rukka (Ex.PW1/A) and sent it to the Police Station, where FIR (Ex.PW11/B) was registered. Dharam Chand investigated the matter. He prepared the site plan (Ex.PW11/C). Dandasa (walnut bark) could not be weighed on the spot for want of a weighing machine, and the gunny sacks were taken to the Range Office, Urla Range, where they were weighed. Their weight was found to be 1661 kilograms. Detail (Ex.PW2/A) was prepared. 96 gunny sacks were handed over to Hardev on Sapurdari vide memo (Ex.PW1/B). The total value of Dandasa (walnut bark) was found to be Rs.2.00 lacs. A certificate (Ex.PW11/D) was prepared. The accused showed the place from where the walnut bark was loaded into the vehicle. Memo (Ex.PW7/A) and the Site plan (Ex.PW11/E) were prepared. The photographs of the proceedings (Ex.A1 to Ex.A6), whose negatives are Ex.A7 to A12, were taken. Statements of witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the Court.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, they were charged with the commission of offences punishable under Sec. 379 read with Sec. 34 of the IPC and Ss. 41 and 42 of the Indian Forest Act, to which they pleaded not guilty and claimed to be tried.