STATE OF H P Vs. BALDEV SHARMA

JUDGEMENT

(1.) These appeals are directed against the judgment of acquittal dated 15.12.2005, passed by learned Sessions Judge, Kinnaur at Rampur Bushahr, Himachal Pradesh in Criminal Appeals No.6 & 7 of 2005, reversing the judgment of conviction and order of sentence dated 30.3.2005/11.4.2005, passed by learned Sub Divisional Magistrate, Rampur Bushahr, District Shimla, Himachal Pradesh, whereby respondents(hereinafter referred to as the 'accused') were convicted for having committed the offence punishable under Section 379 read with Section 34 of the Indian Penal Code ( hereinafter referred to as the 'IPC').

(2.) Facts as emerge from the record are that on 6.10.1999, Madan Lal, Forest Guard of Addu Beat, while doing patrolling duty in forest i.e. C-91, Tangri Dhar, found two Deodar trees of IInd-A, illicitly felled. Above named Forest Guard also found 20 sleepers allegedly processed therefrom near the site of illicit felling. Madan Lal, Forest Guard after having noticed illicit felling, associated the villagers of village, Addu and kept constant watch on the sleepers with a view to apprehend the culprits. On 11.10.1999, Forest Guard, Madan Lal accompanied by Devi Singh, Surat Sigh, Padam Dass, Goverdhan Dass, Roop Singh, Jawahar Singh and Sher Singh, laid a nakka in the Jungle and at about 12:00 midnight they heard some noise caused by felling of the sleepers in Addu Nallah. Above named persons also noticed that one truck came from Narkanda side, which allegedly halted near the sleepers. 4-5 occupants of the truck started loading the sleepers, but thereafter Madan Lal, Forest Guard accompanied by other villagers, named hereinabove, rushed towards the truck, but persons loading sleepers in truck after having seen them coming towards their side, unloaded the sleepers from the truck and made an attempt to flee therefrom alongwith the truck. Forest Guard alongwith other persons nabbed two Kashmiries, who subsequently disclosed their identity as Kamardeen and Mohmad Sadique. Villagers also succeeded in halting the truck by throwing boulders on the road. Accused Sunil Kumar, who has since expired and respondent-accused Baldev Sharma were also caught by the villagers. Thereafter, matter was reported to police Station, Nankhari. Subsequently, on the basis of the report submitted by the Forest Guard, a formal FIR came to be registered against the accused persons under Section 379 read with Section 34 of IPC and Sections 33, 41 and 42 of the Indian Forest Act. After completion of the investigation, police presented the challan in the competent Court of law.

(3.) The learned trial Court after satisfying itself that a prima facie case exist against the accused persons, framed charge against them under Sections 33,41 & 42 of the Indian Forest Act and Section 379 read with Section 34 of IPC, to which they pleaded not guilty and claimed trial.