STATE OF HIMACHAL PRADESH Vs. AMIN CHAND

JUDGEMENT

(1.) The State of Himachal Pradesh assails, by this appeal, the judgment of learned Chief Judicial Magistrate, Hamirpur, in Forest Case No. 9 of 1982/492 of 1932 decided on 15 -11 -1984 thereby acquitting the accused of an offence under section 33 of the Indian Forest Act, 1927.

(2.) The facts of the case, in brief, are that a complaint under section 33 of the Indian Forest Act was filed against the accused for having illegally felled one pine tree of II -B Class in the demarcated protected forest, Samtana, C. No. 2E. The accused had promised to pay compensation but subsequently refused to do so. An extra -judicial confession was made by the accused in the presence of Shri Kanshi Ram, Forest Guard, Rakha, and two other witnesses for having cut the tree in question. Consequently, prosecution was launched in the Court of the trying Magistrate which ended in the aforesaid acquittal of the accused.

(3.) The prosecution witnesses have stated that on 27 -6 -1982 while on routine patrol duty in this protected forest, one pine tree of II -B Class was found felled without permission. Logs of the same were also lying at the spot. On investigation it was found that the tree was cut by the accused. A damage report, Ex. PA., was issued against the accused by P.W. 2 Onkar Chand. It is further alleged that the accused admitted having felled the tree in question and also signed the damage report. Signatures of two other witnesses also appear on Ex. PB on the reverse of Ex. PA.