STATE OF HIMACHAL PRADESH Vs. GURPAL RAM

JUDGEMENT

(1.) THIS appeal filed by the state against the acquittal of the respondents in Criminal Case No. 20-III of 1994, decided on 2nd June, 1998, by Judicial Magistrate Ist Class, Rohru.

(2.) THE factual matrix of the case is that during the intervening night of 29th/30th april, 1994, P. W, and S. I. Abdul Hamid was on patrolling duty in Rohru Bazar. Dy. Superintendent of Police K. S. Guleria was on the checking duty, along with some police officials in his Gypsy. Abdul Hamid (S. I.) spotted a Tempo No. PB-08-J-9825 coming from meat market towards upper market Rohru, which was being driven by Gurpal Ram, respondent and the other respondents were the occupants thereof. On checking, it was found having seven Karian (rafters) and three planks of Deodar of different sizes. The respondents failed to produce any permit, as such, the aforesaid case property was seized and taken into possession vide recovery memo Ext. PW2/a along with the documents of the vehicle vide memo Ext. PW2/b. The rukka Ext. PW2/a was sent for registration of the case, on the basis of which fir Ext. PW2/b. was registered. Case property was given on supurdari to Kalyan Singh, range Officer vide memo Ext. PW1/a. The police had also prepared site plan Ext. PW7/c. After recording statements of the witnesses under Section 161 of the Code of criminal Procedure, the case under Sections 41 and 42 of the Indian Forest Act was put up in the Court after completing the investigation.

(3.) FINDING a prima facie case under the aforesaid sections, the respondents were accordingly charge-sheeted. However, they pleaded not guilty and claimed trial.