STATE OF H.P. Vs. BALDEV SINGH

JUDGEMENT

(1.) IN terms of the present appeal, the judgment dated 1st March, 2000 passed by Chief Judicial Magistrate, Sirmour District at Nahan in Criminal Case No.29/2 of 1997 titled as State of H.P. Vs. Baldev Singh and others has been assailed whereby the accused persons have been acquitted of the charged offence under Sections 41 and 42 of the Indian Forest Act and under Section 379 of the Indian Penal Code.

(2.) AS per the case of the prosecution, on 15th September, 1996 the forest patrolling party led by Sh. S.P.Singh (PW-1), Range Officer, Trilokpur, Nahan, H.P. at about 1.30 A.M. at a place known as Radiant Cement Factory found a tractor-trolley bearing No. PB-44-1498 parked and on seeing the patrolling party the accused persons ran away from the spot. After some chase accused Baldev Singh was apprehended, who disclosed the name of the other accused persons who were sitting with him in the vehicle. Further upon checking, it was found that there were 11 logs of Sisham tree loaded in the vehicle and upon demand the accused persons failed to produce any export permit. The matter was reported to the Police vide complaint (Ext.PA) on the basis of which F.I.R. No.200/ 96 under Sections 41 and 42 of the Indian Forest Act (Ext.PW-6/A) was registered with Police Station, Nahan against the accused persons. During investigation it was found that the accused persons had felled two trees of Shisham from forest C-4 Jangla-wala-Bhood. One torch and saw for cutting the wood was also found in the vehicle.

(3.) THE prosecution, in all examined 11 witnesses and after the trial the statements of the accused persons under Section 313 Cr.P.C. were also recorded.