MEENA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under S.497 read with S.401 of the Code of Criminal Procedure (to be referred hereinafter as 'the Code') arises out of the judgement of the learned Sessions Judge, Shimla, in Criminal Appeal No. 41-S/10 of 1987 decided on 27-1-1989, thereby confirming the order of Sub-Divisional Judicial Magistrate, Theog, dated 25-11-1986 in case No. 148/1 of 1983. The petitioner has a grievance against this order. Hence this petition.

(2.) The facts, in brief, are that the petitioner and respondent No. 2 were prosecuted under S.379 of the Indian Penal Code and Ss.41 and 42 of the Indian Forest Act, 1927. It is alleged that on 19-11-1982, Kedar Singh, Inspector C.I.D., was present at Kotkhai in connection with some investigation. He got information that the accused had illicitly felled trees from the Government land. A raiding party was formed in which forest as well as revenue officials were associated and the party went to the spot at Jalath Nallah. The land of the accused was demarcated and it was found that 34 trees of Kail and 14 trees of Deodar had been illicitly felled by the accused from their own land and 5 trees of Deodar and. Kail were found to have been illicitly felled by the accused from the Government land. During the course of investigation, 86 Karis and planks of Deodar and Kail were taken into possession by the police from the field of the accused and the nallah and were handed over on Sapurdari to Shri Prem Singh, Block Officer. 250 scants and ballies of deodar and 61 scants and ballies were also recovered and seized by the police from the road-side and at Domehar which were also handed over on sapurdari to Block Officer, Shri Prem Singh. However, the case of the prosecution is that the accused had felled trees without getting any permission of the Forest Department and mixed the timber felled from the own land with the timber illicitly felled from the Government land. It is also the prosecution case that the accused transported 250 scants of deader and 61 scants of Kail from Jalath Nallah to Domehar road-side without any pass or permit from the Forest Department. The trial commenced and the same ended in the acquittal of the petitioner for the aforesaid offences. However, relating to the disposal of the case property, the trial Court ordered the confiscation thereof to the State of Himachal Pradesh.

(3.) The petitioner assailed this order by way of appeal before the Sessions Judge, Shimla, but the same was dismissed by the impugned judgement. This is how the present petition has come before this Court.