HIGH COURT OF HIMACHAL PRADESH AT SHIMLA. Cr. Appeal No. 102 of 2003 Date of Decision: 18.9.2009 State of H.P. …Appellant. Versus. Kamal Chand ..Respondent. Coram: The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting? For the Appellant: Mr.Ramesh Thakur, Assistant Advocate General. For the Respondent: Mr. Ramakant Sharma, Advocate. Surjit Singh, J (Oral). State is aggrieved by the judgment dated 30.7.2002 of learned Additional Chief Judicial Magistrate, Kasauli, whereby respondent Kamal Chand, who was tried for offences, under Sections 379 IPC and 33 of the Indian Forest Act, has been acquitted. Case of the prosecution, as per record, was that between 7th and 20th April, 1995, the appellant illicitly felled 24 Khair trees in Forest No. U-510, Khatta Pani Jungle and carried the wood of those trees to the neighbouring State of Haryana. That wood was seized by Forest officials of Haryana State (Pinjore Range), in the month of April, 1995. Respondent had allegedly engaged PW1 Din Mohammed and PW2 Attu Ram, camel owners, for carrying the wood - 2 - from the forest to the neighbouring area of Haryana State. Forest Guard PW5 Jagdish Chand, noticed felling of the trees around 20th April, 1995 and lodged report Ex.PW5/A with the police on 20th April, 1995. Police, during the course of investigation, came to know that some wood had been seized by forest officials of neighbouring area of Haryana State. Those forest officials of Haryana were contacted and khair wood was taken into possession from them. Trial court has acquitted the respondent holding that the case does not stand established beyond reasonable doubt. I have heard the learned Assistant Advocate General as also the learned counsel for the respondent and perused the record. According to the prosecution, felling of trees had taken place between 7th and 20th April, 1995 and thereafter the wood extracted from the felled trees was carried on the back of camels of PW1 Din Mohammed and PW2 Attu Ram. PW1 Din Mohammed and PW2 Attu Ram, though stated that they had carried some timber from roadside to a river bed in Haryana area, yet they stated that it was in winter season. Period between 7th and 20th April, 1995 is not wintry especially in the area of Pinjore in Haryana, which starts getting warmer in February and is very hot in April, May and June. Therefore, as per the testimony of - 3 - abovestated two witnesses, the wood in question cannot be said to pertain to the trees, which, according to the prosecution, were felled in April, 1995. For the foregoing reasons, I see no merit in the appeal and the same is, therefore, dismissed. September 18, 2009 (Surjit Singh), J. s.