STATE OF HIMACHAL PRADESH Vs. PREM SINGH

JUDGEMENT

(1.) The present appeal, by the State, challenges the order of acquittal passed by the Sub-Divisional Judicial Magistrate, Nurpur, acquitting all the accused of the offence under Section 379 of the Indian Penal Code in Criminal Case No. 552-111/83 dated 4-6-1984 by giving them the benefit of reasonable doubt.

(2.) The prosecution case, in brief, is that the Divisional Forest Officer Shri Nanak Chand (P.W.1) got information through someone on 12-2-1983 that some persons had unauthorisedly and illegally felled numerous khair trees in undemarcated protected forests of Lodhwan, Gagwal, Hagwal and demarcated protected forest of Hagwal and Thapkaur. The Divisional Forest Officer, alongwith certain officials of the Forest Department, checked these forests on i3-2-1983 where after he directed Shri R.L. Shad (P.W.2), Assistant Conservator of Forests, to make a detailed checking of these forests and make a report thereof. As a consequence of this, the Assistant Conservator of Forests, checked these forests from 15-2-1983 to 17-2-1983. In his report, he started that 65 khair trees of various classes and 4 broad leaved trees had been felled without permission in these forests. He further reported that the trees in question had been felled by the accused persons.

(3.) As a consequence, the matter was reported to the police. The accused were arrested and during investigation it was found that the accused had cut the trees in question. Statements of a number of witnesses were recorded. The accused also made disclosure statements under Section 27 of the Evidence Act as a consequence of which the police recovered 8 quintals and 22 kgs. of Katha in wet condition and logs of Khair wood from these forests. The challan, on completion of investigation, was filed in the court of Sub-Divisional Judicial Magistrate, Nurpur, and the accused were made to answer a charge under Section 379 of the Indian Penal Code. ihe case proceeded as the accused did not plead guilty to the charge and ultimately the trying Magistrate acquitted all the accused of the charge.