U.K.Verma, J. - (1.) This is a Government appeal against the judgment and order of Shri Bhagwan Deen, III Additional Sessions Judge, Hamirpur dated 30-9-1978 acquitting the respondents Hari Das, Ghan Shyam, Bhuj Pal, Har Narain, Duli Chaad, Tijaiya, Nandu, Chhana, Gokul, Hardayal, Tulasiya, Sarjua, Balram and Chiranji of the charges under Sections 147, 333 and 395 of the Indian Penal Code, 24 of the Cattle Tresspass Act and 26 of the Indian Forest Act.
(2.) The prosecution case briefly stated is that the respondents Chhana, Gokul, Har Dayal, Tulasiya, Balram, Sarjua and a woman whose name was not known about 3 p. m. on 27-l1-1976 had let loose their sheep and goat numbering 500 or so in the 65 Kohania Plantation of the Forest Department in village Lohar Gaon. The Forester Nizamuddin asked Chhanna, Gokul, Har Dayal, Tulasiya, Balram and Sarjua to take out the cattle and remonstrated against the loping and felling of the plants in the plot No. 397 of the reserved Kohaniya Forest. They did not pay heed. The complainant Nizamuddin Forester, Ram Saran Forester, Kirti Mohan Singh, Forest Guard and Veer Singh, Forest Watch thereupon decided to take the sheep and goats to the cattle pound. Hardly had they taken the cattle up to a distance of 50 to steps, Gokul respondent to incite his companions gave a heavy lathi blow to a kid which spontaneously died. He cried for help from the other shepherds. Hearing his call Chiranji, Hat Das, Ghanshyam, Bhuj Lal, Har Narain, Duli Chand Tijaiya, Nandu arrived with their lathis. They assaulted the public servants of the Forest Department named Nizamuddin, Ram Saran, Kirti Mohan and Veer Singh and in the meantime the daughter of the shepherd Basanta and also a womans whose name was not known took away the cattle of the respondents to their houses. The respondents seized the licenced gun of Ram Sharan Maurya when it fell on the ground as a result of the lathi blow hitting it. They threatened to cut Ram Saran Maurya to pieces and to throw him in the river as food of the fishes but due to the timely arrival of Baijnath, the Forest Watch along with Khoob Chand and Paras, they could not do so and went away.
(3.) The written report of the incident Ext. Ka. 1 was lodged in the police station Mahobkanth. The check report Ext. Ka 7 was prepared on its basis at 6.30 p. m, on 27-11-1973. The injuries of Nizamuddin, Ram Saran and Kirti Mohan were examined. Dr. V. K. Tandon P. W. 4 proved his medical report in respect of Nizamuddin and Dr. A. K. Vyas, P. W. 2 proved his medical report in respect of Ram Saran and Kirti Mohan. The prosecution had examined Nizamuddin, Ram Saran and Kirti Mohan as the witnesses of the occurrence. Ram Khelawan Singh P. W. 7 narrated as to how he had investigated the case.;