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High Court Of Himachal Pradesh
KAMLESH SHARMA,ARUN KUMAR GOEL
HARI DASS - Appellant
Versus
STATE OF H.P. - Respondent
Cr. Appeal Nos. 78 of 1984
Decided On : 04/11/1996
CRIMINAL LAW - Conspiracy - Demarcation of land - Forgery - Illicit felling of trees - Offences under sections 120-B, 167, 218, 468, 471, I. P. C. and section 5 (1) (d) and section 5 (2) of Prevention of Corruption Act, 1947 - Held, conviction and sentences imposed upon the appellants cannot be sustained in the absence of cogent, convincing and reliable evidence to establish that the stamps of the felled trees were not on private land, but on the Government land.
Fact of the Case:
The case involved allegations of conspiracy, forgery, and illicit felling of trees. The appellants were accused of being part of a conspiracy to fell trees from Government land under the guise of felling them from private lands. The prosecution alleged that the appellants forged applications and affidavits in the names of private landowners and used them to obtain permission to fell trees from the Government land. The appellants were convicted of various offences under the Indian Penal Code and the Prevention of Corruption Act.
Finding of the Court:
The court found that the prosecution failed to prove beyond a reasonable doubt that the appellants were involved in a conspiracy to fell trees from Government land. The court also found that the prosecution failed to prove that the appellants forged applications and affidavits in the names of private landowners. The court further found that the demarcation of the land was not carried out in accordance with the prescribed procedure, and therefore, it was not safe to rely on the demarcation reports to establish that the trees were felled from Government land.
Issues: 1. Whether the prosecution proved that there was a conspiracy among the accused to illicitly fell the trees from the Government land in Chaks Nau and Kharachli under the cover of fellings from private lands? 2. Whether the prosecution proved that the lists of the marked trees had incorrectly been prepared with intent to cause loss to the State of Himachal Pradesh? 3. Whether the prosecution proved that the marking lists are forged? 4. Whether the prosecution proved that accused Sher Singh, S. D. Sharma, Hari Dass and Piara Singh are guilty of using the marking lists as genuine knowing or having reason to know that the same were forged? 5. Whether the prosecution proved that accused Sher Singh, Hari Dass, S. D. Sharma, Bir Singh, Piara Singh and Daya Nand, being public servants, by corrupt or illegal means or by otherwise abusing their positions, obtained pecuniary advantage for themselves or their co-accused? 6. Whether the prosecution proved that accused Mohan Lal and Misru Mal forged the applications and affidavits in the names of Jhonchu, Jitu, Manhu, Goru, Dhiraj Singh, Lagnu and Ala Ditta of Chak Nau and Kharachli? 7. Whether the prosecution proved that the applications and the affidavits had been forged for the purpose of cheating? 8. Whether the prosecution proved that accused Mohan Lal and Misru Mal used the forged applications and affidavits as genuine knowing or having reason to know that the same were forged?
Ratio Decidendi: The court held that the prosecution failed to prove beyond a reasonable doubt that the appellants were involved in a conspiracy to fell trees from Government land. The court also found that the prosecution failed to prove that the appellants forged applications and affidavits in the names of private landowners. The court further found that the demarcation of the land was not carried out in accordance with the prescribed procedure, and therefore, it was not safe to rely on the demarcation reports to establish that the trees were felled from Government land.
Final Decision: The court allowed the appeals of the appellants and set aside their convictions and sentences. The court also dismissed the State's appeal against the acquittal of the respondents.
Arun Kumar Goel, J.—Since all the three appeals arise out of a common judgment dated 22-11-1984 passed by Special Judge, Shimla in Case No. 26-S/Tof 1983, we propose to dispose of these through a single judgment.
2. In Criminal Appeal No 78 of 1984, original appellants, S/Shri Hari Dass, Satya Dev Sharma, Sher Singh, Mohan Lal and Misru Mai, had been convicted by the trial Court and in Criminal Appeal No. 80 of 1984. Daya Nand was convicted. In Criminal Appeal No. 63 of 1985, State is the appellant, who has appealed against the acquittal of the respondents, S/Shri Piara Singh, Bir Singh, Balbir Singh, Vijay Kumar and Rattan Chand.
3. It may also be pointed out at the very outset that initially there were number of accused all before the trial Court. When these cases were taken for hearing, it was stated at the Bar by all the learned Counsel appearing for the parties that the accused S/Shri Sher Singh and Mohan Lai have since died and an application of one Satish Thakur has been allowed thereby permitting him to continue the appeal in place of Sher Singh In respect of other accused Mohan Lai, there is no such order. Similarly accused Misru Mai has also died and no one has come forth to continue the appeal in his place. Rattan Chand, respondent in Criminal Appeal No. 63 of 1985 has also since died and in his case also, no application has been moved to continue the appeal in his place.
4. In Criminal Appeals No. 78 and 80 of J984, the appellants have assailed the judgment of Special Judge, Shimla, whereby they have been convicted and sentenced to undergo different imprisonments and to pay the fines as detailed hereinafter In Criminal Appeal No 63 of 1985, the State has assailed the judgment of the trial Judge whereby five respondents detailed therein have been acquitted,
5. F. I. R. No. 69 of 1977 had been registered at Police Station, Chopal. When the same was being investigated, it transpired that M/s. Mohan Lal Misru Mal and one Shri Hira Singh, petty contractors got certain trees marked from the Government land in Nau and Chak Kharchali from the concerned officials of the Forest/Revenue Departments of Himachal Pradesh Government under the guise of trees having been marked on the private lands. After these trees had been marked and permission to fell those had been accorded, M/s. Mohan Lai Misru Mal, who are the sole partners of this firm, sold the standing trees to M/s. Himachal Traders of which S/Shri Vijay Kumar and late Shri Rattan Chand were the partners. Prosecution case as revealed is that on the basis of the aforesaid investigation in F. I R. No. 69 of 1977, Police Station, Chopal, Investigating Officer sent two written reports, one relating to Chak Nau and the other relating to Chak Khaiachli to the S H O Police Station, Chopal for registration of cases on the basis whereof two F. I. Rs. bearing No 86 and 87 of 1977 were registered When the investigation in these cases was undertaken by the police, it was revealed that certain applications in the names of residents of the aforesaid two Chaks were submitted by M/s. Mohan Lal Misru Mal to the Divisional Forest Officer, Chopal seeking permission to fell the trees standing on the lands of the persons detailed in the applications. Some applications were filed by M/s. Mohan Lai Misru Mal and some were filed by Shri Hira Singh, the other petty contractor It may be pointed out that on the basis of applications filed by the said two sets of contractors i. e one by M/s. Mohan Lal Misru Mal and the other by Shri Hira Singh, two separate making and felling orders were issued by the Divisional Forest Officer, Chopal. Since the F. I. R Nos. 86 and 87 of 1977 had been registered, the State C. I. D., Shimla, which was the investigating agency in both these cases, submitted separate challans in respect of the felling of trees which was permitted in favour of M/s. Mohan Lai Misru Mall and Shri Hira Singh. The case out of which the present appeals have arisen relate to the felling a
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