STATE OF HIMACHAL PRADESH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) This appeal by the State of Himachal Pradesh arises out of the judgment of Judicial Magistrate, 1st Class, Palampur, in Criminal Case No. 33-111/1987 whereby the accused was acquitted of the charge under Sections 32/33 and 41/42 of the Indian Forest Act vide decision dated 15/10/1988. The State challenges this decision by this appeal.

(2.) The facts, in brief, are that during the period February, 1987 to April, 1987, the accused illegally felled 226 Khair trees from the private as well as Shamlat land without any valid permit. The matter was investigated and the present case was initiated against the accused which has resulted in the aforesaid acquittal of the accused.

(3.) Shri M.S. Guleria learned Assistant Advocate General, submits that the accused felled 226 Khair trees illegally from the reserved forest and despite evidence on the record, the accused has been unjustifiably acquitted by the Trial Court. It is a serious matter, be urges, that the accused resorted to large scale illicit felling of Khair trees-226 trees in this case and hundreds of other trees in, other cases pending against the accused.