Kuldip Singh, Judge (Oral). The State has filed this petition seeking leave to file appeal against the order dated 28.5.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in Criminal Appeal No. 1-G/X/2006 acquitting the respondent after setting aside conviction and sentence recorded under Section 323 IPC in criminal case No. 247-II/99 on 20.6.2006 by learned Judicial Magistrate 1st Class, Court No.2, Dehra.

2. The respondent and five others were prosecuted and charged for offence punishable under Sections 32, 33, 41 and 42 of Indian Forest Act, Section 379 read with Section 34 IPC. All accused were acquitted except respondent who was convicted and sentenced under Section 323 IPC, he was directed to pay fine of Rs.1000/-. In default of payment of fine, he was ordered to undergo simple imprisonment for two months by learned Judicial Magistrate on 20.6.2006. In appeal, the learned Additional Sessions Judge, Fast Track Court has acquitted the respondent under Section 323 IPC and, therefore, State has filed this petition seeking leave to file appeal.

3. The prosecution case is that on 10.8.1999 at about 12.00 O’Clock mid night raidin