LAWS(HPH)-2019-7-142

MUNI LAL Vs. STATE OF HIMACHAL PRADESH

Decided On July 12, 2019
MUNI LAL Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The instant petitions hence arise, from, the concurrently recorded verdict(s), of, conviction, and, consequent therewith sentence imposed, upon, the petitioner herein (for short accused), initially, by the learned Judicial Magistrate, Ist Class, Theog, District Shimla, H.P, upon, case No. 73-1 of 2008, and, subsequently, by the learned first appellate Court, upon, apposite appeal(s) bearing Nos. 70-S/10 of 2008, 71-S/10 of 2008, 72-S/10 of 2008, and, 73-S/10 of 2008, as, stood reared therebefore.

(2.) The brief facts of the case are that on 29.2.2008, police officials laid a naka on Gumma-Baghi Bifurcation road. At about 4.30 a.m. a truck being driven at hight speed was coming from Baghi road and its driver stopped the afore truck at a distance of 100 meters from the naka point and switched off its lights, and, some persons have come down from the truck. On the basis of suspicion, the police officials went to the spot, and, captured three persons, who disclosed their names to be Bhim Singh, Vishal and Dev Bahadur. While taking advantage of darkness, some persons rant away from the spot. Wallet of the truck driver was found at the place of incident, which carries the photocopy of the Driving licence issued in the name of Muni Lal. Truck was searched, and, upon search 44 scants of deodar and 54 scants of Kail were recovered, which are transported without any valid permit. The truck bearing registration No. HR 38A-0357 alongwith the afore scants of deodar and kail were taken into possession and thereafter given on sapurdari to forest guard, Kumari Vinakshi, and, she marked the scants with hammer mark 1/KK. Thereafter the police commenced the investigation, and, on conclusion of the investigation, into the offences, allegedly committed by the accused, final report was prepared and presented in the Court.

(3.) The accused were charged by the learned trial Court for theirs committing offence punishable, under, Section 379 readwith Section 34 of IPC, and, under Section 42 of Indian Forest Act, to, which they pleaded not guilty, and, claimed trial.