STATE OF H P Vs. RANBIR SINGH

JUDGEMENT

(1.) Instant criminal appeal filed under Section 378 of the Cr.PC, is directed against the judgment of acquittal dated 23.3.2015, passed by the learned Judicial Magistrate, Ist Class, Rajgarh, District Sirmaur, H.P., in criminal case No. 70/2 of 2011, whereby the respondent-accused has been acquitted of the charge framed against him under Sections 447 of the IPC and 26 of Indian Forest Act.

(2.) Briefly stated facts as emerge from the record are that on the basis of the application i.e. Ext.PW1/A having been received from the Range Officer, Habban, police of police station Rajgarh lodged an FIR Ext.PW7/A against the respondent-accused alleging therein that he is in illegal possession of more than 10 bighas of forest land at Forest Range Dol. Police after completion of investigation of the case, presented challan before the competent court of law.

(3.) Learned Judicial Magistrate, Ist Class, Rajgarh, District Sirmaur, H.P., on being satisfied that prima-facie case exists against the accused put notice of accusation against the accused for commission of offence punishable under Sections 447 of the IPC and 26 of Indian Forest Act, to which he pleaded not guilty and claimed trial. Subsequently, the learned trial Court on the basis of material adduced on record acquitted the accusedrespondent of the offence supra. In the aforesaid background, present criminal appeal has been filed by the State against the acquittal of the respondent-accused before this Court.