STATE OF H.P. Vs. MADAN SINGH

JUDGEMENT

(1.) THE respondent was accused in Case No.17-1 of 2000 and he was prosecuted under Section 33 of the Indian Forest Act, 1927 in the court of Judicial Magistrate Ist Class, Chopal, District Shimla and was acquitted on 17.8.2000. The State has filed the present appeal against the acquittal of the respondent.

(2.) THE brief facts as projected in the judgment of the trial court are that on 5.3.1999 while Forest Guard Sant Ram was patrolling in Dhar- Charri Dehat accused Madan Singh was found cutting six trees of deodar. It is further alleged that 12 logs from those six trees were being carried by the accused. The investigation of the case was handed over to Dulla Ram, who recorded statements of the witnesses under Section 161 Cr.P.C. The challan was put up in the court on 2.3.2000 after completion of the investigation.

(3.) MR .M.A.Khan, learned Deputy Advocate General had strenuously argued that the prosecution has proved the charge against the accused. He then contended that the trial court has not correctly appreciated the evidence led by the prosecution which has led to grave miscarriage of justice. Mr.C.N.Singh, learned counsel appearing for the respondent had supported the judgment of the trial court dated 17.8.2000.