STATE OF HIMACHAL PRADESH Vs. ANOOP KUMAR

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal Nos. 296, 367, 368 and 369 of 2000, which have arisen from common judgment dated 19-1-2000 passed by learned Sessions Judge, Solan in criminal Appeal Nos. 15-S/10 of 1999, 16-S/10 of 1999, 17-S/10 of 1999 and 18-S/10 of 1999 respectively.

(2.) THE facts, in brief, are that five persons, namely, Sukh Ram alias Sukh Pal, mangal Dev, Gita Ram, Babu Ram and anoop Kumar were prosecuted. Anoop kumar was charged under Sections 379, 420, 468, I. P. C. and Sections 41. 42 of the indian Forest Act, Mangal Dev, Sukh Ram, babu Ram and Gita Ram were charged under Sections 41, 42 of Indian Forest Act. The prosecution case is that on 16-11-1990 at about 10. 45 a. m. A. S. I. Gurdyal Singh, incharge, Traffic Barrier, Parwanoo along with H. C. Balak Ram, Constable Hans Raj, constable Prem Dass and Constable Prabhat chand were checking vehicles in routine manner at Parwanoo Barrier. Truck No. HP-14-0540 came there and was stopped, four persons were sitting in the cabin and three persons were sitting in the back portion of the truck which was loaded with gunny bags. The truck was checked and it was found that under gunny bags of apples there were 46 sleepers of Devdar. None of the occupants of the truck including the driver could show the permit for carrying timber. One person, who was sitting in the cabin of the truck, ran away towards Kalka, later on his name was disclosed as Anoop Kumar. Mangal Dev, raj Kumar and Shobha Ram were sitting in the back portion of the truck. A. S. I. called from Forest Check Post, Parwanoo, Sunder lai, Deputy Ranger, Ramesh Chand, Guard, jagdish Chand, Lekh Ram, Timber Watcher. On the basis of this information, Ruka was sent to Police Station, Parwanoo for registration of the case under Sections 41, 42 of the Indian Forest Act and consequently F. I. R was registered, 46 sleepers of Devdar were taken into possession.

(3.) IT was revealed during investigation that Anoop Kumar prepared fictitious G. R in the name of Kisan Bhai Goods Carrier, specimen handwriting and signatures of anoop Kumar were taken. During investigation it was found that 46 sleepers were stolen which were owned by Partap Singh and these were being illegally transported to Haryana and Punjab. It was also revealed during investigation that spare parts of vehicle No. HIS-6070 owned by Shobha Ram were also being carried in the truck, Shobha ram and Raj Kumar had no connection with the commission of offence and no challan was filed against them.