STATE OF H.P. Vs. MAHBOOB

JUDGEMENT

(1.) The State has challenged the acquittal of the accused by the Sub -Divisional Judicial Magistrate, Paonta -Sahib in Case No. 55/3 of 1984, 1357/1 of 1984, decided on 24 -3 -1986. It is a case under Sec. 26 of the Indian Forest Act.

(2.) The allegation against the accused is that he encroached on the land forming part of reserved forest Chand Pur Kathari and also uprooted Kokath trees standing on this land. The crime was detected by Hari Saran, Forest Guard who prepared the damage report (Ext. PA) against the accused. The wood of the uprooted trees was also recovered and given on Spurdari vide Memo. (Ext. PC). The accused also confessed his guilt before the Forest Guard (Ext. PB). After investigation, the accused was prosecuted for the aforesaid offence. The accused did not plead guilty and claimed trial.

(3.) Hari Saran (PW -3) is the Forest Guard. He states that on 13 -12 -1982, he was patrolling Chand Pur Kathari reserved forest and found that the accused had cultivated land out of the reserved forest and also cut six trees. The timber was lying at the spot where the accused was also present with axe. He admitted having cut the trees. Chuhara Ram (PW -4) was brought from the village to the place of occurrence and damage report was prepared. It was signed by the accused as well as by witness Chuhara Ram (PW -4). Iqbalnama (Ext. PB) was also prepared and was thumb marked by the accused. The timber was given in the Spurdari of Chuhara Ram (PW -4) (Ext. PC). This land was got measured from the Patwari.