Decided on January 03,2013

Kamal Lal Appellant


- (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 07.02.2009.
(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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