STATE OF HIMACHAL PRADESH Vs. JAWAHAR LAL

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 30.12.1999 passed by Additional Chief Judicial Magistrate, Amb, District Una, in case No. 60 -1 -1997, titled as State of Himachal Pradesh v. Jawahar Lal and Ors. acquitting the accused of the charged offence.

(2.) THE case of the prosecution is that in the intervening night of 7.11.1996 and 8.11.1996, in the early hours at about 2 a.m., Shri P.C. Sharma (PW -1), the then Divisional Manager, Una, alongwith Shri Mansa Ram (PW -2), Assistant Manager, Shri Shamsher Singh (PW -5), Deputy Ranger, Rattan Chand, another Deputy Ranger were on Nakkabandi near a place called Surang Dwari (Daulatpur), Una, H.P. Accused No. 1 Shri Jawahar Lal alongwith accused No. 2 Shri Gian Chand and accused No. 3 Shri Roshan Lal, (who died during the pendency of the trial) were found transporting 22 tins of resin in Jeep No. HP -19 -2035. The vehicle was signalled to be stopped for checking by the said Forest officials. The vehicle was stopped, but, however, taking advantage of the darkness the accused persons tried to escape. Accused Jawahar Lal, however, was apprehended at the spot. On checking the vehicle it was found that 22 tins filled with resin (Exts.X - 1 to X -22) were being transported in the vehicle without any permit. The tins were seized vide recovery memo Ext. PW -2/B. One tin was retained as sample and 21 tins were handed over to the Assistant Manager Shri Mansa Ram vide memo Ext.PW -2/D. Accused Jawahar Lal made a disclosure statement (Ext.PW -1/A) to the effect that he had been hired by accused Gian Chand to transport the tins of resin in question. After completing the initial formalities, the raiding party consisting of aforesaid forest officials left for a place called Una, where a formal complaint (Ext.PW - 1/D) was lodged with the Police Station Gagret, District Una, H.P. On the basis of same, FIR No. 134/96 (Ext. PW -14/A) was registered under Section 379, IPC read with Sections 41, 42 of Indian Forest Act and Section 120 -B, IPC.

(3.) THE record maintained by accused No. 2 to whom the permission for tapping the resin from the trees was granted by the State, was also seized vide seizure memos Ext.PW -3/C and Ext.PW -3/D. During the course of investigation, it was found that in excess of the permission accorded by the State, the said accused had put 277 blazes in stead of 148 blazes. This is alleged to be evident from damage report Ext.PW -9/B issued by Forest Guard. Ext.PW -9/C is to the effect that 8 tins were found less in the store maintained by accused No. 2 Gian Chand.