STATE OF H.P. Vs. OM PARKASH

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 12th May, 2000 passed by Sub Divisional Judicial Magistrate, Rampur Bushahr Shimla, H.P. in Criminal Case No.127-3 of 1999 titled as State of H.P. Vs. Om Parkash acquitting the accused of the charged offence under Section 33 of the Indian Forest Act.(hereinafter referrd to as the Act).

(2.) A complaint Ext.PW-4/B was filed by the Range Forest Officer, Kumarsain Range in the Court of Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla alleging that seven trees (class-I, one tree and class-V, six trees) were found by Daulat Ram-Forest Guard to have been 1 Whether reporters of Local Papers may be allowed to see the judgment? illicitly felled from Un-demarcated Protected Forest (UPF), Tipper which fell within his jurisdiction. The damage report Ext.PW-1/A was prepared and the accused refused to sign the same for having admitted the guilt. Cognizance of the complaint was taken and notice of accusation was put to the accused for the commission of an offence under Section 33 of the Indian Forest Act. The accused did not plead guilty and claimed trial.

(3.) THE court below acquitted the accused for the reason that there was no eye witness who had seen the accused felling the trees; the seizure memo was not prepared on the spot; as per the version of PW-2 the accused had only cut small branches of a fallen tree. The court further held that the damage report could not be proved by the prosecution as the attesting witnesses did not support the case of the prosecution. (PW-1), Chander Sain (PW-2), Sat Daulat Ram Prakash (PW-3), P.S.Verma (PW-4), Bhagwan Dass (PW-5) and Jalmi Ram (PW-6) are the prosecution witnesses.