KAMAL LAL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) SINCE these petitions are arising out of the same
proceedings, hence, both are clubbed and heard together.
(2.) INITIALLY , a complaint was filed by Divisional Forest Officer/ Chief Wild Life Protection Officer Mr. Harsendra
Kumar Singh against four accused persons namely Kamal Lal,
Dev Lal, Govind Singh and Mangseer. The offence was that
Dev Lal was driving a motorcycle and Kamal Lal was pillion
rider having a bag wherefrom two leopard skins were
recovered. They disclosed that the same had been purchased
from Govind Singh. Kamal Lal and Dev Lal confessed their
guilt. Their confession was recorded by the Magistrate and they
were order to pay fine of Rs. 8,500.00 and Rs. 10,000.00
respectively nay sentenced the period of detention of
undergone, which was not more than two weeks in either case.
Mangseer died during the course of trial while accused Govind
Singh faced trial and ultimately, acquitted by the Magistrate on
28.06.2011. Panel lawyer on behalf of the Forest Department at the instructions of concerned officer filed an appeal in the court
of Sessions Judge, Tehri Garhwal challenging the quantum of
sentence awarded to Kamal Lal and Dev Lal on the ground that
Magistrate awarded the sentence, which is less than the
minimum period prescribed under the law.
Learned counsel for the applicants has argued that appeal was time barred, as it was filed on 04.07.2011 almost
after two and a half year of the impugned order dated
(3.) THAT apart, it was resisted on the ground that appeal could not have been filed preferred by a Panel Lawyer
of the Forest Officer because he was not covered under the
definition of State Government, as envisaged under Section 377
Cr.P.C., so Additional Sessions Judge was wrong in converting
the appeal into revision, that too by condoning of delay in filing
the same. Feeling aggrieved these petitions are filed.;
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