STATE OF HIMACHAL PRADESH Vs. SURAT RAM

JUDGEMENT

(1.) HEARD and gone through the record. The respondent herein was put on trial under Section 33 of the Indian Forest Act before the Judicial Magistrate, Rohroo, for allegedly felling of five trees from the protected forest compartment No.47-C. He was convicted and sentenced to undergo simple imprisonment for a period of three months and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for a further period of one month.

(2.) THE respondent assailed his conviction in appeal before the learned Sessions Judge, Shimla which was set-aside, consequently, the respondent was acquitted.

(3.) THE factual matrix of the instant case is that the Forest Range Officer was informed by Surat Ram, Forest Guard, Summerkot, in writing, on 2.10.1994 that on the previous day, i.e. on 1.10.1994, when he was in village Nasari, he was informed that illicit felling and conversion of trees was in progress, in compartment No.47-C. On this, he along with Roop Singh, Muni Lal, Mahender Singh, Gian Singh, Surender Singh and Surjit Singh proceeded to the spot in the wee hours of the morning and found that four Kashmiris and four Gorkha labourers in forest. On seeing them, they ran away from the spot and a local man informed him that the respondent who was son of Mathu Ram, resident of village Sharmali was also with them, who had exhorted the Kashmiris and Gorkha labourers to flee away. Said labourers had left behind the Farnai and a Saw. On this information, the Range Officer aforesaid, sent a report to the Station House Officer concerned on the same day, on the basis of which FIR was registered on 3.10.1994. Farnai and Saw were taken into possession by the police along with 13 sleepers. The spot was shown to the Patwari and the revenue papers were collected and after completion of the investigation, the case was presented in the court for trial.