STATE OF HIMACHAL PRADESH Vs. RATTAN CHAND

JUDGEMENT

(1.) The State of Himachal Pradesh has a grievance against the judgment of the Additional Sessions Judge (Special-IT), Shimla, thereby acquitting the accused in Criminal Appeal Nos. 8-S/TO of 1984, 39-S/TO of 1985 decided on 28th February, 1986, and setting aside the judgment of the Sub-Divisional Judicial Magistrate, Theog, convicting the accused under Section 42 of the Indian Forest Act and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 5001-, in default of payment of fine to undergo further rigorous imprisonment for a period of one month.

(2.) The facts, in brief, are that on December 24, 1980, the District Inspector of Police Gurbaksh Singh (P.W.3) accompanied by Sub-Inspector Prem Lal, Asstt. Sub Inspector Shakti Chand, Deputy Ranger Prem Singh (P.W.1) and Range Clerk Gita Ram (P.W.2) were at Kotkhai in connection with special checking of timber transport. Truch bearing registration No. HPS-3633 driven by the accused, loaded with timber, coming from Jubbal to Shimla was intercepted at Kotkhai for checking. It was found that the timber belonged to M/s. Yash Pal Garg. According to the challan accompanying the vehicle and the export permit, timber measuring 7.89 cubic meters was shown to have been loaded in the truck at that time. The total number of scants, as per these documents, was 182. The vehicle was brought to Chhaila where the timber was unloaded and measured by Sh. Gita Ram (P.W. 2) and it was found 13.20 cubic meters in volume instead of 7.89 cubic meters as shown in the challan and the export permit although the total number of scants did not vary. As a consequence of this, the timber was seized at the spot and handed over to Prem Singh (P.W.l) on sapurdari. The challan, bill, sales tax form and bill of loading were also taken into possession. Besides the truck, its registration certificate, insurance certificate and route permit were also taken into possession by the police. A case under Section 420 of Indian Penal Code read with Sections 41 and 42 of the Indian Forest Act was registered vide F.I.R. No. 167 of 1980. On completion of investigation, a challan was presented before the Court against the accused and one Sh. Ranjit Singh. Sh. Ranjit Singh was discharged under Section 420 of Indian Penal Code along with the accused. However, prima faice case under Sections 41 and 42 of the Indian Forest Act was found against both and they were proceeded against accordingly. Both of them pleaded not guilty and claimed to be tried. The trial ended in the conviction of the accused Rattan Chand under Sections 41 and 42 of the Indian Forest Act while Sh. Ranjit Singh was acquitted.

(3.) On appeal, the Appellate Court vide the impugned judgment acquitted the accused as well. Hence this appeal by the State against this acquittal