STATE OF H P Vs. CHUNI LAL

JUDGEMENT

(1.) This is an appeal against the judgment dated 22-4-1995 passed by the learned Judicial Magistrate 1st Class, Court No.1, Mandi whereby the respondents accused (hereinafter referred to as the accused) have been acquitted of the charge under Section 379, IPC and Section 41 read with Section 42 of the Indian Forest Act.

(2.) Case of the prosecution against the accused, in brief, is that on 22-2-1992 at about 12 noon they came in truck No. HPM 9141 from the side of Kullu and were going towards Mandi. The said truck stopped at Bindravani barrier and one of the accused, claiming to be the conductor, alighted at the barrier where he gave the particulars of the truck and informed that it was empty and got the entries made in the Barrier Register accordingly. After making the entries the forest guard on duty namely. PW-2 Chet Singh checked the truck and found that 48 logs of deodar and two logs of kail were loaded therein. These were got unloaded at the barrier and the concerned Range Officer PW-1 Jai Singh Chandel was informed. The said Range Officer came on the spot and after finding the facts for himself proceeded to the Police Station. Sadar. Mandl and presented complaint Ex. PA to the SHO on the basis of which FIR Ex. PW -9/ A was recorded in the Police Station. The police took in possession the truck inquestion alongwith the timber and took it to the police station. The timber was then given on sprirdari to PW -3 Amar Singh vide memo Ex. PB. During the course of investigation the police took in possession the damage report Ex. PD. the documents of the vehicle and an abstract from the daily register of the barrier Ex. PE. On being satisfied of the commission of the offences alleged to have been committed by the accused the officer incharge Police Station. Sadar. Mandi submitted the charge sheet against the accused to the concerned Court.

(3.) To prove its case the prosecution examined PW-1 Jai Singh Chandel, the complainant. PW-2 Chet Singh, forest guard who initially found the timber in the truck. PW-3 Amar Singh, Deputy Range Officer who was posted as such at Bindravani, Check Post at the relevant time. PW-4 Balak Ram, a witness of the damage report Ex. P0, PW5 Janak Singh who measured and evaluated the seized timber. PW-6 Roshan Singh, the investigating officer and PW-7 Shyam Singh forest guard.