STATE OF H.P. Vs. KASHMIR SINGH

JUDGEMENT

(1.) Instant criminal appeal having been filed by the appellant-State lays challenge to impugned judgment of acquittal dated 10.4.2009, passed by the learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, H.P., in Police Challan No. 380-I/2005/82-II/2005, whereby the learned court below while holding the accused not guilty of offences punishable under Sections 41 and 42 of Indian Forest Act read with Section 34 of IPC and under Section 24 read with Section 77 of the IPC, acquitted them.

(2.) Briefly stated facts, as emerge from the record are that police party present at Naka formed at Barjohru, stopped a scooter bearing No. HIB-5232 for checking. Allegedly, person sitting behind the driver was holding three logs of deodar/cedar wood on his leg. On inquiry, scooter rider disclosed his name as Vijay S/o Mela Ram, VPO Bhangrotu Tehsil Sadar and the pillion rider disclosed his name as Rakesh Kumar, S/o Bhura Ram, VPO Bhangrotu. Police got the logs measured and since there was no hammer seal on the logs and apprehended persons failed to produce permit, if any, qua the wood allegedly recovered from them, Rukka was prepared by ASI Paras Ram, on the basis of which, formal FIR No. 116 of 2005 came to be registered against the accused under Sections 41 and 42 of the Indian Forest Act. Allegedly, during investigation, accused Vijay Kumar disclosed his real name as Kashmir Singh S/o Annant Ram, R/o VPO Dhaban, Sadar Mandi, whereas Rakesh Kumar told his name as Parveen Kumar S/o Bhola Ram, VPO Dhaban Sadar Mandi. Before arrest on 12.8.2005, both the accused were given notices under Section 50A CrPC and as per their wish, their friend namely Sanjay was telephonically informed with regard to their arrest.

(3.) During investigation accused disclosed that they had purchased the wood from accused Bhupinder, R/o Seri, P.O. Jachh, Tehsil Chachiot. Above named Bhupinder during investigation disclosed that he has sold his TD wood at Rs. 500/- to the accused and TD permit was taken into possession from the accused Bhupinder. Subsequently, case under Section 77 of Indian Forest Act and Section 120-B IPC was registered against Bhupinder. During investigation police arrived at a conclusion that timber in question was illicit and accordingly, case under Rules 11 and 20 of the Timber Transit (Land Route) Rules, 1978, came to be instituted against the accused.