STATE OF HIMACHAL PRADESH Vs. JOGINDER SINGH
LAWS(HPH)-1991-8-19
HIGH COURT OF HIMACHAL PRADESH
Decided on August 06,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
JOGINDER SINGH Respondents

JUDGEMENT

D.P.SOOD,J. - (1.) Order of acquittal dated January 31, 1991, passed in Criminal Case No. 17/3/89 Re 2 Forest Department v. Joginder Singh, respondent in the instant appeal, has been assailed by the State of Himachal Pradesh through this appeal.
(2.) Prosecution case in nut -shell is that on 1 -5 -1988 in D. P. F. Compartment No. 8 Narain, (PW 1) Forest Guard Daulat Ram, while on patrol duty, found that respondent bad encroached upon the land contained in Khasra No. 95/1/1, measuring 0.24.70 hectares. He prepared the damage report Ex. PA but did not fill in the iqubalnama at the material time.
(3.) The prosecution case is that on enquiry respondent claimed the same to be his private land and thereafter on the askance of PW -1 respondent refused to append his signatures on iqubalnama. subsequently on 9 -6 -1988, PW -1, alongwith Bhagat Chand Patwari (PW 2) visited the spot and the latter prepared the tatima Ex. PW 2/A and his report is Ex. PW -2/C wherein he reported that accused had illicitly encroached upon the area referred to above. Later on 30 -7 -1988 Keshva Ram Kanungo (PW -3) verified Tatima Ex. PW -2/A and he also gave his report on point A on the said document. Ultimately the respondent was prosecuted on the complaint having been filed by the Forest Department through PW -1 in the trial Court.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.