STATE OF H.P. Vs. MANSHA RAM

JUDGEMENT

(1.) This appeal challenges the acquittal of the accused by the Chief Judicial Magistrate, Sirmour in Criminal Case No. 405/3 of 1983/201/3 of 1984 under Ss. 41/42 of the Indian Forest Act.

(2.) Briefly, the facts are that on 12 -11 -1982, Subhash Chand, Incharge Forest Beat, Nohara, and Sudan Singh, Forest Guard went to the saw mill of Rattan Singh in village Nohara, while patrolling and found twenty -seven Slippers of Deodar at the saw mill. Some of them were bearing mark 'Chopal 8 -79'. The accused was also present there and stated that these Slippers belonged to him and they were brought by him from Chopal. He failed to produce the permit for the transport thereof with the result that damage report was prepared and all the Slippers were taken into possession and given on Spurdari to Rattan Singh, the owner of the saw mill, and thereafter, they were handed over to Surjan Singh, Forest Guard as Spurdar.

(3.) The matter was reported to the Police. It is also the case of the prosecution that on the same day, certain laborers of the accused were bringing five scants from Shamara Forest. On interrogation, the accused also admitted that these five scants also belonged to him. These scants were also given on Spurdari to Bakshish Singh.