STATE OF HIMACHAL PRADESH Vs. MEHAR DIN

JUDGEMENT

(1.) A truck, bearing registration No. HPS 3790, loaded with timber was checked by a police party at Check Post, Dhalli in Simla on June 21, 1980. It was found that there were 130 logs of different sizes of Kail and Rei. The challan accompanying the truck contained an entry about 115 logs. The lapse was treated to be a contravention of Rule 12 read with Rule 20 of the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 and of section 41/42 of the Indian Forest Act, 1927.

(2.) Mehar Dm was the driver of the truck. Karam Singh was its conductor. The owners of the timber, in whose favour the export pass had been issued by the Forest Department and on whose account the timber was being transported, were Rai Singh and Narain Singh. Their authorised agent was Bhag Mal. All the five persons were prosecuted in Criminal Case No. 65/2 of 1981, by instituting a challan on June 19, 1981. The case was tried by Judicial Magistrate, First Class (III) Simla. Evidence was led on behalf of the prosecution. The learned Magistrate believed the evidence and came to the conclusion that all the five persons were guilty of the offences for which they were charged. When the learned Magistrate heard the accused on the question of sentence on May 21, 1984, he felt that as far as Mehar Din and Karam Singh were concerned, being carriers, a lenient view deserved to be taken in their case. Fie sentenced these two persons to undergo rigorous imprisonment for one month and to pay a sum of Rs. 500 each by way of fine. The other three persons were directed to pay fine of Rs. 500 each and, in addition, to undergo rigorous imprisonment for a period of six months each.

(3.) The convicted persons assailed their conviction and the sentence awarded to them by filing two separate Criminal Appeals. The appeal filed by Mehar Din and Karam Singh was dismissed. Their conviction was upheld. The appeal filed by the other three persons was, however, allowed by the learned Additional Sessions Judge, Simla, on his view that they were entitled to benefit of doubt