STATE OF H P Vs. JAI DEV

JUDGEMENT

(1.) THE present appeal arises out of order of acquittal passed by Judicial magistrate 1st class (II), Shimla, in Criminal case No, 16/2 of 93, titled as State V; jai Dev acquitting the accused persons of an offence punishable under Section 379, ipc and Section 33 of the Indian Forest Act.

(2.) THE case of prosecution as set out is that on 29-12-1991, HC Anant Ram (P. W. 11)along with HC Balak Ram, Bhuri Ram and C. Bhagwan Dass were on Nakka duty, vide Rapat No. 13, on Shimla Bilaspur road, when at about 11. 45 p. m. in the night they found accused Jai Dev and Kailash Chand loading scants of wood in vehicle No. DL-IL-1404 and other accused persons were throwing scants of wood from the upper side of the road. On seeing the police parry the other accused persons fled away and Jai Dev and kailash Chand were arrested on the spot. Two independent witnesses, namely. Ramesh Panth (P. W. 1) and Chet Ram (P. W. 4)were called to the spot and the possession of the vehicle as also the timber was taken in to possession vide memo (Ext, P. W. 1/a ). Investigating Officer Anant Ram (P. W. 11)sent Rukka (Ext. P. W. 10/a) for registration of FIR dated 30-12-1991 (Ext. P. W. 10/b), registered under Sections 379, IPC and 32 of the Indian Forest Act with Police Station Dhalli. The investigation was carried out and the statements of the witnesses were recorded. During investigation demarcation report (Ext. P. W. 9/b) was obtained and spot map (Ext. P. W. 11/a) prepared.

(3.) AFTER conclusion of investigation, challan was presented in the Court for trial. In due compliance of provisions of Section 207, Cr. P. C. copies were supplied to the accused persons. All the accused persons were charged on 6-12-1994 for offence punishable under Section 379, IPC and Section 34, indian Forest Act, to which they did not plead guilty and consequently the matter was put to trial.