STATE OF HIMACHAL PRADESH Vs. ANANT RAM

JUDGEMENT

(1.) This appeal has been filed against the judgment of learned Chief Judicial Magistrate, Hamirpur, in case No. 2 of 1983. The trying Magistrate has acquitted the accused under sections 41 and 42 of the Indian Forest Act, 1927. The State feels aggrieved by this judgment and, therefore, assails it by this appeal.

(2.) The case against the accused, in brief, is that on 23 -2 -1983 Shri J. K. Mahajan, Forest Ranger (P.W. 2), accompanied by Shri Prem Nath, Deputy Ranger (P.W.I) and two Forest Guards, Shri Harnam Singh (P.W. 3) and Shri Chuni Lal (P.W. 4), while driving in a departmental jeep, found some persons loading forest produce (khair wood) in truck No. HIM 3611. Sighting these forest officials, these persons ran away. The driver of the truck also sped away the truck towards Satin name of a place. After sometime, the truck was intercepted while unloading the timber and the forest officials took into possession 90 logs of khair wood.

(3.) It was found that the timber belonged to the accused and it was he who was solely responsible for the same. The accused is stated to be a contractor of katha with his katha bhathi at Satin.