- (1.)This appeal is directed against the judgment dated 10.11.2000 passed by the learned Special Judge (Forests), Shimla, whereby the accused/respondents Devki Nand, Attar Singh, Balak Ram and Hira Singh (hereafter referred to respectively as 'A-1 to A-4') have been acquitted of a charge under Sections 120-B, 379 and 420 of the Indian Penal Code, Sections 41 and 42 of the Indian Forest Act and Section 5(2) of the Prevention of Corruption Act, 1947 corresponding to Section 13(d) of the Prevention of Corruption Act, 1988.
(2.)Case of the prosecution in brief is that in the year 1981-82 A-01 and one Devi Ram, since deceased were working as Forest Contractors under the name and style of M/s. Devki Nand Devi Ram, having 'IL' Khudan Mark and 'DD' property mark. A-2 and A-3 at that time were respectively posted as Forest Guard and Block Officer in Chhajpur Forest and A-4 was posted as Range Officer, Forest Range, Jubbal. One Sansar Chand, since deceased, was posted as Assistant Conservator of Forests, Forest Division, Rohru. An inquiry was held about the allegation of the illicit felling in Chhajpur Forest and on the basis of the inquiry report Ext. PW-16/A and letter Ex. PW-16-B of V. K. Sharma, (PW-1) F. I. R. was registered by Police Station, Enforcement South Zone, Shimla. After obtaining requisite permission, the case was investigated by P. P. Sethi (OW-44).
(3.)During investigation, it was found that in the year 1981 aforesaid concern M/s. Devki Nand Devi Ram (hereafter referred to as the offending firm) had purchased 46 logs of Deodar, 469 nags of Rai/Fur, 450 nags of Hakris and 200 Gelas, 29 logs of Deodar and 171 logs of Rai/Fur of the total volume of 398.63 Cubic Metres in two public auctions as such timber had come near Rumnu Khud because of the 1978 floods. The timber was so purchased for a consideration in the sum of Rs. 1,47,000/-. The said timber was converted by the offending firm into scants and as a result of such conversion 931 scants of Deodar and 9120 scats of Rai/Fur total 10051 scants became available. Such scants were marked with the Khudan and property marks of the offending firm.