STATE OF HIMACHAL PRADESH Vs. VIDYA SAGAR

JUDGEMENT

(1.) The two respondents, hereinafter, referred to as the accused, stand acquitted of the offences under Section 332 read with Section 34, Indian Penal Code by the learned Judicial Magistrate First Class (II). Amb, vide the impugned judgment dated 12-1-1993. Such acquittal has been assailed by the State by virtue of the present appeal filed under Section 378(3) of the Code of Criminal Procedure.

(2.) Briefly stated, the facts of the present case are these. In the month of June 1989, PW Tarsem Lal and PW Surender Singh were posted as Deputy Ranger and Forest Guard, respectively in Jawar Range of the Forest Department. On 21-6-1989, at about 11.15 pm. they were on routine patrolling duty for detection of the forest offences in the area Jawar Range. Truck bearing No. HIH-1505 was seen coming from Nadaun side. It was stopped. The same was found loaded with Bamboos, a forest produce. Accused Kuldip Kumar was the driver of the truck, while accused Vidya Sagar was the contractor and owner of the said Bamboos. On demand accused Vidya Sagar produced the export permit in respect of the said Bamboos. In order to verify that no other forest produce, except the Bamboos was being transported in the truck. PW Tarsem Lal directed the Forest Guard PW Surender Singh to check the truck. Smell of resin was coming from the truck.When PW Surender Singh tried to check the truck by going towards the rear side of the truck, he was caught hold of by accused Vidya Sagar. Both the accused then started abusing PW Tarsem Lal and PW Surender Singh. Accused Vidya Sagar removed the cap of PW Tarsem Lal and threw it towards the front side of the truck. He also snatched the stick from the hands of PW Tarsem Lal. When PW Surender Singh came to PW Tarsem Lal on having been called by the latter for help, accused Vidya Sagar removed his cap and threw the same in the truck. Both the accused then assaulted PW Tarsem Lal and tried to put him in the truck. PW Tarsem Lal was, however, rescued by PW Surender Singh with the help of Sarvshri Birbal and Pritam residents of Jawar who happened to come to the spot on hearing the cries. The accused in the meanwhile were able to escape with their vehicle. The torch belonging to PW Tarsem Lal was taken away by the accused.

(3.) On the basis of the report made to the police by PW Tarsem Lal, a case under Sections 332/353, Indian Penal Code, came to be registered with police station, Amb, vide FIR No. 91 of 1989.