STATE OF HIMACHAL PRADESH Vs. GIAN CHAND

JUDGEMENT

(1.) This is an appeal against the judgment dated February 8, 1995 passed by the learned Chief Judicial Magistrate, Hamirpur whereby the accused/respondents (hereafter referred to as the 'accused') have been acquitted of the charge under Sections 41/42 of the Indian Forest Act and Section 120-B of the Indian Penal Code, preferred by the State.

(2.) Case of the prosecution, in brief, is that on May 15, 1992, PW-4 Jagir Chand, Sub-Inspector (Enforcement) was present at Bus Stand Hamirpur along with a few other police officials in connection with the investigation against Kishan Chand, driver of Truck No. HPK-5281 and he came to know that Truck No. HP-36/0591 had come to Hamirpur from Nadaun side. He checked the said Truck in the presence of the police officials who were members of the raiding party and PW-1 Prem Nath and PW-2 Harbhajan Singh. The Truck was being driven by accused Rashpal Singh and wooden logs were loaded in the said Truck. The Truck driver on demand produced 'Parcha Hamrai', challan etc. which were taken in possession vide memo. Ext. PW-2/A. The Truck was then brought to Rest House at Hamirpur. As per the challan, the Truck was to carry 120 logs of Simble whereas there was a larger quantity of the wood in the said Truck, therefore, he drew up 'Rooka' Ext. PW-4/A and forwarded it to S.H.O. Police Station (Enforcement) Dharamshala for registration of a case under Sections 41/42 of the Indian Forest Act and Section 379 of the Indian Penal Code. He took in possession 259 logs consisting of 61 logs of Simble, 7 logs of Umria, 11 logs of Bhera and 180 logs of Simble of different sizes as per the details Ext. PW-1/B vide memo. Ext. PW-1/A. He also took in possession the documents of the offending vehicle vide memo. Ext. PW-4/B. Though not clarified properly, but it has been mentioned in the charge-sheet submitted against the accused that the other two accused were co-conspirators in the illicit transportation of the timber in the aforesaid Truck being driven by accused Rashpal Singh. A charge-sheet was accordingly submitted to the concerned Court. The accused came to be tried by the learned Chief Judicial Magistrate, Hamirpur who acquitted them by the impugned judgment, hence this appeal.

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