STATE OF H.P. Vs. BAMAN SINGH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 31st March, 2000 passed by the Judicial Magistrate, Ist Class, Court No.II, Una, H.P. in Criminal Case No.59-III/91 titled as State Vs. Baman Singh and another acquitting accused No.1- Baman Singh .

(2.) ON 25.11.1990, Roshan Lal (PW-2) lodged a complaint, (Ext.PA), inter alia, stating that 59 trees of Khair and 6 trees of Sheesam were found cut from Ramgarh Forest, Una and apparently transported on Camels. Another complaint (Ext.PB) dated 26th November, 1990 was filed wherein some more trees were shown to have been cut. Based on the said complaints, F.I.R.No.49/1990 was registered at Police Station, Bangana on 25th November, 1990 under Sections 32 and 33 of the Indian Forest Act and Section 379 I.P.C. Since accused- Baman Singh and S/Shri Amar Nath, Chanan Singh and Bhajna were living closely, based on suspicion, Baman Singh was interrogated.

(3.) ANOTHER disclosure statement was recorded on 30th Singh. November, 1990 and saws with which the trees were alleged to have been felled were also taken into possession vide recovery memo Ext.PF.