STATE OF H.P. Vs. GULAM DEEN

JUDGEMENT

(1.) THE judgment of acquittal has been assailed in this appeal. The brief facts are that on 20-1-1996 at about 8.00 P.M. , Head Constable Akshay Kumar found the truck bearing registration number HP- 36-1125 loaded with khair fire wood near H.P. S.E.B. Sub Station Bhera while he was on patrol duty in Government jeep and in connection with investigation of case FIR No. 13/96. The truck driver produced the permit of the timber which was valid at that time but it is alleged that it was being transported between the sun-set and before the sun rise. The documents and the case property were taken into possession. Ruka Exhibit PW4/A was sent to Police Station for registration of the case on the basis of which formal FIR Exhibit PW4/B was registered. On weighment, 48.70 qtls of fire wood was found in excess than permitted which was taken into possession. The police recorded the statements of the witnesses and presented the challan for trial under Section 41 and 42 of the Indian Forest Act and Section 181 of the Motor Vehicles Act. The respondent denied the charges and claimed trial.

(2.) THE prosecution examined four witnesses. The respondent was also examined under Section 313 of the Code of Criminal Procedure. On appreciation of evidence on record, the learned trial Court acquitted the respondent against which the instant appeal has been filed on the ground that the learned trial Court did not appreciate the evidence of the prosecution in the right manner and set the unrealistic standard to appreciate the prosecution evidence.

(3.) THE truck was allegedly found transporting the fire wood after the sun-set and before the sun-rise which was being driven by the respondent No.1. According to PW1, the Police Party was busy in the investigation of some other case and intercepted the aforesaid truck wherein, besides the Driver, two other persons were sitting and it was loaded with the fire wood. According to him, the truck was chased for one and half km from Bhera onwards and thereafter, they were able to stop and check it . This story has not been set forth in the ruka Exhibit PW4/A which is the earliest version, on the basis of which FIR Exhibit PW4/B was registered.