STATE OF HIMACHAL PRADESH Vs. SUNEHARU

JUDGEMENT

(1.) THE respondents were put on trial under Sections 147, 447, 427 and 379 of the Indian Penal Code, before the learned Additional Chief Judicial Magistrate, Sundernagar, in Criminal Case No.214-I/95/58-II/95. The learned trial Court acquitted them vide its judgment dated 3.12.1999 against which instant appeal has been filed.

(2.) LEAVE to appeal was granted by this Court on 5.4.2000. Now the matter is being finally heard.

(3.) THE complaint Ext.PB was filed by the complainant Jai Gopal (PW1), against the respondents herein alleging the illicit cutting and removing of two trees, one of Tuni and another of Sheesham from his own Khasra No.277, situated in Mohal Kangu, dishonestly and without his consent. On the basis of aforesaid complaint, FIR Ext.PW8/B was formally registered under Sections 147, 447 and 427 of the Indian Penal Code. The police during investigation of this case, got the land demarcated from Bharoo Ram (PW5), Field Kanungo, Dehar circle with the assistance of Patwari Daulat Ram (PW6). Both the revenue officials had shown the trees having been cut and removed from Khasra No.277, aforesaid. The timber was taken into possession and given on supurdari to Jagat Ram, vide memo Ext.PC. The Police had also prepared site plan Ext.PW8/A and also took jamabandi Ext.PW8/C into possession. After recording the statements of the witnesses under Section 161 of the Code of Criminal Procedure, the case was presented in the court below for trial. Learned trial Court found a prima- facie case against the respondents under Sections 447, 427 read with Section 149 of the Indian Penal Code, accordingly, notice of accusation was put to each of the respondents, to which they denied.