STATE OF H.P. Vs. PADAM SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 14th March, 2000 passed by Judicial Magistrate, Ist Class, court No.2 Mandi in Police Challan No.622-1/99/96 titled as State of H.P. Vs. Padam Singh and another acquitting the accused of the charged offence under Sections 32 and 33 of the Indian Forest Act (hereinafter referred to as 'the Act') and Section 379 of the Indian Penal Code.

(2.) AS per the case of the prosecution on 14th March, 1995 Paras Ram (PW-4) saw accused-Padam Singh and his wife Sauni Devi cut Devdar tree from Demarcated Protected Forrest (D.P.F). Kujri forest, District Mandi. H.P. The logs of the said tree were dragged by the accused persons and taken to their house where they were buried in the field. The matter was reported by PW-4 to Shri Bipan Sharma (PW-1) next morning who in turn reported the matter to Prem Dass (PW-2) , on the basis of which an F.I.R. No.57/95 (Ext.PW-10/A) dated 23rd March, 1995 was registered with Police Station, Gohar under Sections 32 and 33 of the Indian Forest Act and 379 of the Indian Penal Code. The investigation was carried out by Shri Anant Ram (PW-11) who got the forest land demarcated, prepared the spot map, seized the implements with which the tree was felled and also the stolen property (logs) and after recording the statements of the witnesses filed the challan in the Court for trial.

(3.) IN order to prove its case, the prosecution examined 11 witnesses. The statements of the accused under Section 313 Cr.P.C. were also recorded. During the pendency of the trial, accused No.2 expired and the case was dropped against her.