STATE OF H.P. Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 14th March, 2000 passed by Judicial Magistrate Ist Class, Una in Criminal Case No. 44-III-92, RBT No.161-III- 95/92 titled as State of H.P. Vs. Joginder Singh and others acquitting the accused persons of the charged offence under Sections 41 and 42 of the Indian Forest Act and under Section 379 of the Indian Penal Code.

(2.) AS per the case of the prosecution on 30th June, 1992 ASI Sansar Chand along with Head Constable Narotam Singh, LHC Daljit Singh (PW-4), Constable Pardeep Kumar (PW-5) and Piara Lal (PW-6) while coming from a place known as Polian to Tahliwal, Una at about 12.30 in the night, saw a Tractor bearing registration No.HP-20-0771 near Nangal Khurd. On checking 6-7 persons were found sitting in the Tractor and 15 logs of wood were loaded in the Tractor- trolley. Since they failed to produce the permit, the Tractor- trolley along with wood was taken into possession. Rukka (Ext.PW-1/A) was sent to the Police Station and on the basis of the same, F.I.R. No. 206 of 1992 was registered with Police Station, Una under Sections 41 and 42 of the Indian Forest Act and under section 379 of the Indian Penal Code.

(3.) THE prosecution, in all examined seven witnesses. The statements of the accused persons under Section 313 Cr. P. C. were also recorded in which they claimed innocence. In defence they have stated that due to enmity with the police, they have been falsely implicated in the case and the police forcibly tried to take over the tractor.