STATE OF H.P. Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THE State has assailed the judgment dated 4.7.2000 passed by learned Additional Chief Judicial Magistrate, Una in case No.113-III-96/94 acquitting the respondents under Sections 41, 42 of the Indian Forest Act and under Rule 20 of the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 in F.I.R. No.309/93 registered at Police Station, Una.

(2.) THE facts, in brief, are that on 27.6.1993 a police party headed by A.S.I. Kishan Chand stopped tractor trolley bearing registration No.HP-20-0711 at about 10 p.m. near Rakkar Colony. On checking, the tractor trolley was found carrying 53 logs of Simbal, respondent No.2 was driving the tractor and respondent No.1 was Whether the reporters of the local papers maybe allowed to see the judgment? Yes sitting on the tractor. On checking, the respondents produced slip Ext.PA/1, according to which, the respondents were permitted to carry 29 logs of wood whereas they were transporting 53 logs of wood in the tractor trolley. The respondents could not produce any permit for transporting 53 logs in the tractor trolley, therefore, Ruka was sent to the Police Station on the basis of which F.I.R. No.309/93 was registered against the respondents. The police completed the investigation and during investigation it was found that Sangram Singh who was having permit for 29 logs had loaded his 29 logs in the tractor trolley for carrying them to saw mill but respondents dishonestly removed 24 more logs of Sangram Singh and loaded those logs in the said tractor trolley without any licence or permit. Thus, the respondents were carrying 24 logs more in tractor trolley without any licence or permit. The police ultimately filed challan in the Court and notice of accusation was put to respondents under Sections 41, 42 of the Indian Forest Act and Rule 20 of the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978. The prosecution examined 11 witnesses and the evidence of the prosecution was closed by the order of the Court. The respondents were examined under Section 313 Cr.P.C., they pleaded their innocence but they did not lead any evidence in defence. The learned trial Court acquitted the respondents, hence, the State is in appeal.

(3.) PW -1 Sukhdev Singh has demarcated Khasra Nos.2518, 2558 and 2736. PW-2 Constable Harish Kumar has stated that on 27.6.1993, a police party headed by A.S.I. Kishan Chand at 10 p.m. stopped and checked tractor bearing registration No.HP-20-0711 and at that time Harinder Pal was driving the tractor and Rajinder Kumar was sitting on the tractor. On search, 53 logs of Simbal were found in the tractor trolley and respondents had shown only a slip which was only valid for carrying 29 logs. In cross examination, he has stated that the logs were not unloaded from the tractor and the logs were counted with the help of torch. He has also stated that there were residential houses near the place of occurrence. PW-3 Joginder Singh, Patwari, is a formal witness. PW-4 Head Constable Balbir Chand has supported PW-2 Constable Harish Kumar. In cross examination, he has also admitted that there were shops and residential houses near the place of occurrence but he contradicted PW-2 by stating that logs were unloaded on the spot. The police prepared the papers in tube light. PW-5 Chur Singh has stated that he and Daulat Ram had cut three trees from the land of Sangram Singh and converted them into 29 logs which were loaded in the tractor trolley. PW-6 Jagat Ram, Deputy Ranger, has proved Parcha Hamrahi Ext.PA/1 for carrying 29 logs to saw mill at Mehatpur. PW-7 has proved F.I.R. Ext.PW-7/A. PW-8 Sangram Singh has not supported the prosecution. He was declared hostile and was cross examined at length but nothing could be extracted in his cross examination favouring the prosecution. PW-11, Inspector Kishan Chand, has supported the prosecution case.