Demarcation reports must be prepared in accordance with the prescribed instructions and guidelines to ensure their validity and reliability.

Lokeshwar Singh Panta, J. :- This appeal is at the instance of the State and is directed against the judgment dated 15-6-1985 passed by Special Judge, Shimla in case No. 13-s/7/1983, whereby the respondents were acquitted of the charges under Sections 379/411/420/467/468/471/167/218/109/34/120-B of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947.

2. The prosecution case as disclosed from the judgment of the Special Judge may be briefly stated as under :

3. During the investigation of case FIR No. 69/1977 of Police Station, Chopal by Shri Sukh Ram the then D.S.P., it came to light that respondents Mohar Singh and Jhina Singh had felled and removed trees from the Government land in connivance with the officials of Revenue and Forest Department. On such conspiracy having come to light, a report was accordingly made at Police Station, Chopal by the above said D.S.P. On the basis of the report First Information Report No. 114 of 1977 came to be registered and the investigation was entrusted to the State CLD, Himachal Pradesh.

4. During the course of the investigation, it was found that eight cases of private sale of trees in Chak Demarcated Forest Thanal, had been submitted by respondents Mohar Singh and Jhina Singh to the Conservator of Forests, Shimla. Permission was sought through applications supported by affidavits and copies of revenue papers to fell the trees from the land described in the applications. In their affidavits the owners of the trees declared that the trees had been sold by them to respondents Mohar Singh and Jhina Singh. The Conservator of Forests sent those applications to the Divisional Forest Officer, Chopal for scrutiny and report and the Divisional Forest Officer further sent them to the Range Officer, Throach for reporting whether felling of trees could be permitted or not. The Range Officer, Throach reported that on certain parcels of land felling had taken place within past 15 years and therefore, on those numbers the felling could not be permitted. In respect of certain other Khasra Nos. he did not raise any objection. On the basis of the report of the Range Officer, Divisional Forest Officer, Chopal approached the Conservator of Forests for according permission to fell the trees from those Khasra Nos. where the felling had not taken place earlier. The Conservator of Forests accordingly permitted the marking of the trees and directed that the trees should be marked by some senior Forest officer after permittting the demarcation from some revenue officer not below the rank of Naib Tehsildar. The Divisional Forest Officer endorsed that order to respondent Hem Raj Sood, who was then posted as Assistant Conservator of Forests for execution. Shri Hem Raj Sood went to the site in the company of respondent Beer Singh, who was then posted as Block officer, respondent Sher Singh (since died) who was posted as Sub-Divisional Officer (Civil) and respondent Hari Dass, who was posted as Kanungo at the relevant time. The Revenue officers demarcated the land on spot and the trees were marked by respondents S/Shri Hem Raj and Beer Singh with hammer No. 239. The demarcation and marking of the trees were carried out by the above said persons from 13-7-1976 to 17-7-1976. Lists and the abstract sheets of the marked trees were prepared and signed by all the above named persons. Respondents Hari Dass recorded a certificate on the abstract that no tree had been marked on the Government land and that all the marked trees stood on those eight Khasra numbers on which the marking had been permitted. According to those lists and the abstract 391 trees had been marked on Khasra No. 4 shown to be belonging to Attar Singh etc., which in fact was part of Government demarcated protected forests. Khasra No. 5 owned by Attar Singh Khasra No. 8 by S/Shri Devia and Budhia, Khasra No. 9 by Devi Singh and Khasra Nos. 19, 20, 10 and 11 by Kima Ram. The marking list and abstract were submitted by respon