STATE OF H P Vs. HANS RAJ

JUDGEMENT

(1.) This appeal, by the State, arises out of the acquittal of the accused for offences under sections 32133 of the Indian Forest Act by Judicial Magistrate 1st Class, Sarkaghat, in Forest Complaint No. 1-111/84 decided on 18-2-1986.

(2.) The case against the accused is that Forest of Jalari is Demarcated Protected Forest and the accused took illegal possession of two hectares of land therein by destroying seedlings and constructed house and cow shed and thus committed an offence under sections 32 and 33 of the Indian Forest Act On 25-12-1982, the accused was found constructing cow-shed over this land and it was also detected that he had destroyed the plants there, thus, causing huge loss to the State.

(3.) Accordingly Damage Report was prepared on the spot and the accused was asked not to continue with the work but he persisted in doing so with the result that the present complaint for his prosecution had to be initiated.