STATE OF HIMACHAL PRADESH Vs. AMI CHAND
LAWS(HPH)-1991-12-4
HIGH COURT OF HIMACHAL PRADESH
Decided on December 27,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
AMI CHAND Respondents

JUDGEMENT

D.P.SOOD, J. - (1.) THE State of Himachal Pradesh through the instant appeal has assailed the impugned Judgment dated December 30, 1987, passed by the learned Sub -Divisional Judicial Magistrate, Rampur Bushar, District Shimla, whereby the Respondent was acquitted of the offence under Section 33 of the Indian Forest Act.
(2.) THE complaint was filed against the Respondent for the commission of the aforesaid offence alleging 'illicit encroachment upon four Bighas of land forming part of 'Bhadral ' demarcated protected forest. The trial Court by the aforesaid impugned judgment acquitted the Respondent for want of proof of notification. The State of Himachal Pradesh has come up in this appeal against the impugned judgment recording order of acquittal. The allegation against the Respondent from the complaint appears to be that Bhadral forest was a demarcated protected forest and the Respondent had encroached therein and broken up the land as was found on April 23, 1985. The damage report (Ex. PW -l/A) was prepared besides Iqbalnama (Ex. PW -l/B), which was got signed from the accused. Later he was prosecuted.
(3.) SUBSTANCE of accusations was put to the Respondent -accused, who pleaded not guilty and claimed to be tried. According to him he was in possession of the alleged encroached land since the time of his forefathers.;


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