STATE Vs. PADAM CHAND

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of two appeals registered as Criminal Appeal No.54 of 1985, State of H.P. v. Padam Chand & ors., and as they Criminal Appeal No.2 of 1985, Lakhi Ram v. State of HP., involve similar facts and arise out of a single judgment passed by the Special Judge, Shimla. Criminal Appeal No.54 of 1985 has been preferred by the State against the judgment and order passed by the Special Judge, Shimla on 15.10.1984 in Case No.7 -s/7 of 1981, acquitting the accused -respondents herein of the charge under Sections 379, 411, 467, 468, 320, 471, 161, 218, 167, 165 -A, 109 and 120 -fe of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947. Criminal Appeal No.2 of 1985 is by the appellant Lakhi Ram, seeking to set -aside the order passed by the Special Judge on 15.10.1984, while acquitting him and ordering confiscation of the seized timber (95 trees) in favour of the State with a prayer to direct refund of Rs. 22,170.78 p as sale proceeds thereof to him.

(2.) The prosecution case as disclosed from the judgment of the Special Judge, may be stated as under: -

(3.) During the investigation of FIR No. 71/77 of Police Station, Rohry by Sh. A.S. Guleria, the then Deputy Superintendent of Police (CID), it came to light that Padam Chand respondent had illicitly felled trees of Kail, Deodar and Rai spices from the Govt. Forest near Chalk Sandasu during the years 1976 and 1977 in the garb of felling trees from the private land. The Deputy Superintendent of Police came to know that the revenue and the forest officials by illegal or corrupt means or by otherwise abusing their positions helped Padam Chand respondent to fell the trees from the Government land in surreptitious manner. On such conspiracy having come to light, a report was accordingly made at Police Station, Rohry by the above said Deputy Superintendent of Police. On the basis of that report, FIR came to be registered in the present case, and the investigation was entrusted initially to Sh. A.S. Guleria Deputy Superintendent of Police. Later on, Inspectors Sharda Ram, Des Raj and Babu Ram also conducted the part investigation. Ultimately, the investigation went into the hands of Puran Chand, Sub Inspector who after obtaining the sanction from the Judicial Magistrate 1st Class, Rohru, for the investigation of the case in accordance with the provisions of Prevention of Corruption with the provisions of Prevention of Corruption Act, completed the investigation and prepared the challan..