ASGAR Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-4-36
HIGH COURT OF UTTARAKHAND
Decided on April 30,2012

ASGAR,RASHEED AHMAD S/O IBRAHIM Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) AT the outset, it is pertinent to mention that revisions no.38 and 40 of 2003 have been preferred by the same accused Rasheed Ahmad, challenging the common judgment and order dated 26.3.2003 rendered by learned Additional Sessions Judge/IVth FTC, Haridwar in criminal appeal no.50 of 2000. These revisions bear the different numbers, as the same were filed by different advocates.
(2.) CRIMINAL revision no.37 of 2003 has been preferred by co- accused Asgar against the judgment and order dated 28.3.2003 passed by the same court, whereby the judgment and order of trial court dated 7.12.2000 was affirmed. It appears that accused Rashid Ahmad, Pradhan of village Mirjapur Mustafabad, within the territorial jurisdiction of P.S. Jwalapur, District Haridwar, along with a contractor Asgar, was tried by the court of Second Additional Chief Judicial Magistrate, Haridwar vide trial no.650 of 2000. The said trial pertained to crime no.228 of 1987 (chargesheet no.231 dated 29.12.1987 against the accused Rashid Ahmad and chargesheet no.231-A dated 2.2.1988 against the accused Asgar) relating to the offences punishable u/s 409/420 IPC along with Sections 4/10 of the U.P. Protection of Trees in Rural and Hill Areas Act, 1976 (hereinafter to be referred as 'the Act'). The trial concluded in conviction whereby the accused Rasheed Ahmad was found guilty for the offence of Section 409 IPC and was sentenced to undergo seven years' R.I. with fine of Rs.5,000/, and in default of payment of fine, to undergo six months' simple imprisonment. Further, for the offence of Section 4/10 of the Act, he was sentenced to undergo three months' rigorous imprisonment. However, the revisionist/accused Asgar was found guilty only for the offence of Sections 4/10 of the Act and was sentenced to undergo three months' rigorous imprisonment.
(3.) FEELING disgruntled, both the accused/convicts preferred appeals which were titled as criminal appeal no.50 of 2000, Rasheed Ahmad Vs. State and criminal appeal no.55 of 2000, Asgar Vs. State. These appeals were adjudicated vide judgments dated 26.3.2003 and 28.3.2003 respectively passed by learned Additional Sessions Judge, which are under challenge in these revisions. Having heard learned counsel for the parties, it appears that accused Rasheed Ahmad was the Pradhan of his village at the relevant time of the Gram Sabha, running from 4.6.1987 to 9.6.1987. The allegations against him were made by one Saeed Ahmad, Up-Pradhan/Deputy Headman of the village, by moving an application u/s 156(3) Cr.P.C. that he, in the active association of woods contractor Asgar (accused) has cut several (hundreds) of important green trees standing on Khasra Nos.112, 168 and 169, owned by Gram Sabha of village Mirzapur Mustafabad. Those trees were thereafter sold by the accused Rasheed Ahmad, however he did not deposit the sale proceed which was quite a handsome and considerable fund for the Gram Sabha. After the intervention of the Court, the case was registered and charge sheets were submitted on due investigation by the Police against the accused for the said offences.;


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