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2004 Supreme(HP) 42

M.R.VERMA
STATE OF HIMACHAL PRADESH – Appellant
Versus
DEVKI NAND – Respondent


Advocates Appeared:
Mr. H.K.S. Thakur, Dy. AG, for the Appellant; Mr. Vipul Honda, Vice Councel, for the Respondent No. 1; Mr. G.D. Verma, Senior Advocate with Romesh Verma, Advocate, for the Respondents No. 2 to 4.

JUDGMENT

M.R. Verma, J.—This appeal is directed against the judgment dated 10.11.2000 passed by the learned Special Judge (Forests), Shimla whereby the accused/respondents Devki Nand, Attar Singh, Balak Ram and Hira Singh (hereafter referred to respectively as A-l to A-4) have been acquitted of a charge under Sections 120-B, 379 and 420 of the Indian Penal Code, Sections 41 and 42 of the Indian Forest Act and Section 5(2) of the Prevention of Corruption Act, 1947 corresponding to Section 13(d) of the Prevention of Corruption Act, 1988.

2. Case of the prosecution in brief is that in the year 1981-82 A-l and one Devi Ram since deceased were working as Forest Contractors under the name and style of M/s. Devki Nand Devi Ram having IL Khudan mark and DD property mark. A-2 and A-3 at that time were respectively posted as Forest Guard and Block Officer in Chhajpur Forest and A-4 was posted as Range Officer, Forest Range, Jubbal. One Sansar Chand, since deceased was posted as Assistant Conservator of Forests, Forest Division Rohru. An inquiry was held about the allegation of the illicit felling in Chhajpur Forest and on the basis of the inquiry report Ext. PW-16/A and letter Ext. PW-16/B of












































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