STATE OF H.P. Vs. KISHORI LAL

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 27th October, 1999 passed by Additional Chief Judicial Magistrate, Barsar, District Hamirpur in Criminal Case No. 77- I/94 RBT 2-III/1998 titled as State Vs. Kishori Lal and others acquitting the accused of the charged offence.

(2.) ON 20th June, 1993, Station House Officer, Police Station, Barsar received a secret information that the accused persons were illegally transporting the forest produce in Truck No. HPS-1721. Based on the same, rukka Ext.PW-14/A was sent 1 Whether reporters of Local Papers may be allowed to see the judgment? to Police Station, Barsar, Hamirpur, H.P. on the basis of which F.I.R. No.51/95 under Sections 41 and 42 of the Indian Forest Act and Section 379 read with Section 120-B of the Indian Penal Code was registered. Nakabandi near place Harsour was set up and Mohinder Singh (PW-1) and Sanjay Kumar (PW-13) independent persons were associated. The accused persons were found travelling in the truck and since they did not stop the vehicle inspite of signal having given to them, the police party chased and apprehended them. On checking the vehicle, 191 tins of resin were found and on demand no permit could be produced authorizing them to transport the forest produce. Consequently, the truck and the resin were impounded.

(3.) THE prosecution examined 14 witnesses and the statements of the accused persons were also recorded under Section 313 Cr.P.C. and also examined two persons as defence witnesses.