STATE OF HIMACHAL PRADESH Vs. BHAG CHAND

JUDGEMENT

(1.) THE State of Himachal Pradesh feels aggrieved by the judgment of Judicial Magistrate First Class (III) Shimla, in Case No. 101/2 of 1983, dated October 31, 1984, whereby the accused, Shri Bhag Chand was acquitted of a charge under Sections 41/42 of the Indian Forest Act and Sections 4684-0 of the Indian Penal Code.

(2.) THE facts, in brief, are that on July 1, 1982, Prem Chand, Sub Inspector, alongwith Narayan Singh, Block Officer, Chander Mani. Forest Guard and Vinod Kumar went to the railway station, Shogi and checked the timber stacked there. The timber, they alleged, had Khudan 'BC' and on counting the number was 371 scants of different sizes and the measurement came to 1446.89 cft. This timber was inferred to be without permit with the result that a recovery memo was prepared and the timber was seized. Case was registered under Sections 41/42 of the India Forest Act and 379/468/420 of the Indian Penal Code. After investigation, challan under these sections was filed against the accused.

(3.) SHRI Narain Singh (PW 1), Block Officer, states that he had gore to Shogi railway station with Sub Inspector Prem Singh of the Enforcement on July 1, 1982 for the checking of timber. He, states that the timber of Kail variety with BC Khudan mark lying there was checked. There were 371 scants with export hammer of different sizes and on measurement it was found 1446.39 cft. The permit was for 452 scants measuring 769.10 cft. He further states that the was with Forest Guard Chander Mani (PW 9) and Vinod Kumar (PW 10). The timber, he states, was taken in possession by the police vide recovery memo Ex. PW 1/A and the same was signed by him. Chander Mani Forest Guard (PW9) and Vinod Kumar (PW 10). In cross-examination this witness states that the timber was stacked in one heap and the same was measured by him with the help of tape while some other was measured on approximation. He further states that the Guard was just moving the slippers and he was measuring the same and the cft. was also concluded by him. At this time, he states, the accused was not present on the spot, He admits that in case the waste of timber is calculated, the measurement in cft. could increase and a let of other timber was also lying at the Shogi railway station other than this timber.