STATE OF HIMACHAL PRADESH Vs. VIJAY SINGH

JUDGEMENT

(1.) The State has filed the instant appeal against the judgment dated 13.9.2007 passed by the learned Sessions Judge, Shimla, H.P. in Cr. Appeal No. 37S/10 of 2005, whereby he reversed the judgment dated 22/25.7.2005 passed by the learned trial court and acquitted Vijay Singh, respondent herein, and one Sher Singh, who has since died, of the offence punishable under Section 42 of the Indian Forest Act (in short, 'the Act').

(2.) The prosecution story, in brief, is that SI Parmod Shukla, Police Station, Kotkhai, during the intervening night of 17/18.10.1997, left for patrolling duty towards KiarKhalroo Nallah, Tehsil Theog at about 12.30 A.M. vide Rojnamcha Ext. PW7/A. While the police party reached Dokhari, near Village Pujarli, Police Station Kotkhai at about 1.45 A.M., they found truck bearing No. HP512465 parked near Himachal Pradesh Forest Corporation Depot on road side. On seeing the police party coming in a Jeep, one person jumped from the truck and escaped. However, Vijay Singh being driver and Mohar Singh, being another driver were apprehended on the spot. Two Gorkhas were unloading timber sleepers from the truck. The independent witness, Bala Nand was called to the spot from the nearby house and the timber was checked. 48 sleepers of Deodar recently sawed had been unloaded from the truck. They were having no T.D. Hammer Mark. The accused persons including Sher Singh could not produce any documents or permit etc. in token of legal possession of the timbers. These sleepers were taken into possession along with truck vide memo Ext.PW15/A. Thereafter, the SHO sent Rukka Ext. PW16/A to the Police Station, on the basis of which, case was registered vide formal FIR, Ext.PW16/B.

(3.) The SHO prepared the site plan, Ext.PW16/C. During investigation of the case, copy of registration certificate of the truck, Ext.PW15/C and copy of driving licence of Mohar Singh were taken in possession vide memo Ext.PW16/D. Ext.PW16/A was the copy of the relevant extract of log book.