STATE OF HIMACHAL PRADESH Vs. PIARE RAM

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 16-3-1995 passed by the learned Additional Chief Judicial Magistrate, Kullu, whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the accusations under Ss. 41 and 42 of the Indian Forest Act.

(2.) Case of the prosecution, in brief, is that PW-3 Jagat Ram along with PW-2 Gudoo Brahmchari and PW-4 Man Chand Thakur, Range Officer, were present at Dora-Nala on 14-6-1992, a Maruti Van HPY-588 driven by PW-1 Hari Singh came there. Accused Piare Ram and Mulu Ram were the other occupants of the said vehicle. On search of the said vehicle 15 small drums each containing 25 lts. of Deodar oil were recovered therefrom. PW-4 Man Chand Thakur tested the contents of the Drum and found it to be Deodar oil. PW-3 Jagat Ram prepared Ruqua Ex. PW-3/A and sent it for registration of the case whereupon FIR Ext. PW-3/B was recorded in Police Station, Kullu. After completion of the investigation the police submitted a charge-sheet under Ss. 32, 33, 41 and 42 of the Indian Forest Act and Ss. 379/34 of the Indian Penal Code against the accused. The accusations to the accused however were put for the commission of offences punishable under Ss. 41 and 42 of the Indian Forest Act. On trial by the learned Additional Chief Judicial Magistrate, Kullu

(3.) I have heard the learned Additional Advocate General and the learned counsel for the accused.