JUDGMENT :- This judgment shall dispose of Criminal Appeal Nos. 296, 367, 368 and 369 of 2000, which have arisen from common judgment dated 19-1-2000 passed by learned Sessions Judge, Solan in Criminal Appeal Nos. 15-S/10 of 1999, 16-S/10 of 1999, 17-S/10 of 1999 and 18-S/10 of 1999 respectively.

2. The facts, in brief, are that five persons, namely, Sukh Ram alias Sukh Pal, Mangal Dev, Gita Ram, Babu Ram and Anoop Kumar were prosecuted. Anoop Kumar was charged under Sections 379, 420, 468, I.P.C. and Sections 41, 42 of the Indian Forest Act, Mangal Dev, Sukh Ram, Babu Ram and Gita Ram were charged under Sections 41, 42 of Indian Forest Act. The prosecution case is that on 16-11-1990 at about 10.45 a.m. A.S.I. Gurdyal Singh, Incharge, Traffic Barrier, Parwanoo along with H. C. Balak Ram, Constable Hans Raj, Constable Prem Dass and Constable Prabhat Chand were checking vehicles in routine manner at Parwanoo Barrier. Truck No. HP-14-0540 came there and was stopped, four persons were sitting in the cabin and three persons were sitting in the back portion of the truck which was loaded with gunny bags. The truck was checked and it was found that under gunny bags of apples there