STATE OF H P Vs. MAST RAM

JUDGEMENT

(1.) THE respondent was put on trial, under S. 406 of the Indian Penal code, before the Additional Chief Judicial magistrate, Court No. 1, Shimla, in Cr. Case no. 212/2 of 1995. The trial Court had acquitted the respondent vide its detailed judgment passed on 9-6-1999, which was been assailed in this appeal on law and facts.

(2.) PRECISELY, the case of the prosecution has been that: the Damage Report No. 84/k-9091 dated 28-12-1990 was chalked out by Paras Ram forest Guard (P. W.) against the respondent for illicit felling of three trees of Kail II-B, from the Government Forest "talap. " It was allegedly converted in different sizes. The case property i. e. 25 scants of kail having 179. 50 CFTs was seized and given on spuardari to accused-respondent-Mast ram. A challan/complaint against the respondent, was put in the Court. The accused was acquitted and the case property was ordered to be confiscated to the State of himachal Pradesh. In order to take possession of the timber, which was given on spuradari to the respondent, a notice was given by the Forest Department to the respondent to hand over the same to them. Pursuant to the notice, respondent informed that he was not given the case property on spuardari, as alleged. Thereupon, the Block officer, Junga vide his complaint Ex. P. W. 1/a informed and requested the police to lodge a FIR.

(3.) ON the basis of the aforesaid complaint, a formal FIR No. 179/94 was registered on 14th May, 1994. Police visited the spot, prepared the site plan and took into possession the Damage Report Book Ex. P. W. 4/b and other relevant documents vide memo ex. P. W. 4/a. The opinion of the Government Examiner of questioned documents was sought. After receipt of the report of the aforesaid examiner and recording the statements of the witnesses under S. 161 of the code of Criminal Procedure, case was put in the Court for trial.