STATE OF H.P. Vs. WARYAM SINGH

JUDGEMENT

(1.) THE respondent was tried and acquitted for the offence under Section 41 and 42 of the Indian Forest Act and Section 379 of the Indian Penal Code against which the instant appeal has been filed by the State.

(2.) THE factual matrix of the instant case is that on 19.3.1992, Inspector Mohinder Singh had received information that khair timber is being smuggled from Raja-Ka-Talab. On this, he formed a raiding party at Jasur thus included Yash Pal and Shyam Lal as independent witnesses and thereafter, proceeded to the spot. During the intervening night of 19 and 20.3.1992, he noticed truck No. HIK-3033 coming from the opposite side which was intercepted. It was found loaded with khair timber. Taking advantage of the darkness, the cleaner of the truck had escaped from the scene. The respondent could not show the permit of the timber, thus, a ruka Exhibit PW2/A was sent for the registration of the case under the aforesaid Sections, on the basis of which FIR Exhibit PW2/D was formally Whether reporters of the Local papers are allowed to see the judgment? Yes registered. The site plan Exhibit pW2/B was prepared. The case property was taken into possession vide memo Exhibit pW2/C and was given on supurdari to N.K. Dutta, Forest Officer, Gangath Block. The truck was said to have loaded with 90 qtls of khair wood. The statements of the witnesses were recorded. Ultimately, the challan was put against the respondent under the aforesaid sections.

(3.) THE learned trial Court on the perusal of the evidence and upon hearing the ld. counsel for the parties, acquitted the accused.