STATE OF HIMACHAL PRADESH Vs. SARWAN KUMAR

JUDGEMENT

(1.) IN the instant appeal, the judgment of acquittal passed by the Additional Chief Judicial Magistrate in case No.106-I-96, RBT-24-II-1998, decided on 24.9.1999 has been assailed.

(2.) IN brief, the facts of the case are that during the intervening night of 21st/22nd June, 1996, at about 2.45 AM at village Gagret, a Jeep No.HP-22-2410, being driven by respondent Sarwan Kumar was coming from the other side. On seeing the police party, headed by ASI Harnam Singh, who were on special checking at police Barrier, Gagret, respondent Sarwan kumar, driver tried to reverse the Jeep, the police became suspicious, stopped it and found respondents No.2 and 3 sitting therein and on checking they recovered 21 resin tins, from the back portion of the Jeep. According to the case of the prosecution, respondents failed to produce the permit, thus, a rukka for registration of a case was sent to the police station, on the basis of which formal FIR was registered under Sections 41 and 42 of the Indian Forest Act, Section 4 of the Himachal Pradesh Resin and Resin Products (Regulation of Trade) Act, 1981, (in short the 1981 Act) as well as under Section 379 read with Section 120-B of the Indian Penal Code. Though respondent No.4 Sat Pal was not involved in transportation of the resin tins, however, it is alleged that he was an authorised Contractor has conspired with other respondents for its transportation.

(3.) TO prove the case, prosecution examined eight witnesses, out of whom PW3 Sat Pal and PW4 Joginder Singh did not support the case of the prosecution. The respondents were examined under Section 313 Cr.P.C. They denied the attendant circumstances put to them. The respondent No.4 imputed the allegations of false implication on account of lodging the complaint against the police. It was alleged that the police officials were invariably demanding their Jeep for their personal use, for which they had refused and on account of this the respondents alleged the false implication. However, no defence evidence was led.