The prosecution must prove the allegations beyond reasonable doubt to secure a conviction.

Surjit Singh, Judge

This appeal by the State is directed against the judgment dated 30th March, 2001, of learned Special Judge (Forest), Shimla, whereby respondents Sada Nand (now dead), Pratap Singh, Laiq Ram, Roshan Lal, Devinder Singh Bamta, all representing a firm by the name of Sada Nand & Company, Range Officer Ram Lal Thakur (now dead), Field Kanoongo Chet Ram, Deputy Ranger Balak Ram Nainta, Tehsildar S.R. Mehta (now dead), Assistant Conservator of Forests D.N. Machhan (now dead), Forest Guard Shyam Lal (now dead), Forest Guard Saran Dass (now dead), Camp Clerk Ram Parkash and Station Master Amrit Singh, have been acquitted of charge, under Sections 379, 420, 467, 468, 471, read with Section 120-B of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947, Sections 41 & 42 of the Indian Forest Act and penal provisions of H.P. Taxation of Certain Goods Carried by Road Act, 1976.

2. Prosecution case, which led to the trial of the respondents, may be noticed. A case came to be registered by Enforcement Department, South Zone, Shimla, vide FIR No.17 of 1984. During the course of investigation of that case, when the record of Summer Hill Railway Station was being examined, it came to light that firm M/s Sada Nand & Company had exported 1964 scants of Cheel against 1820 scants permitted to be exported, vide Permit No.46/81-82, Ex. PW-61/B. Investigating Officer of the said case made a report to the Enforcement Directorate and a case was registered vide FIR Ex.PW-1/C, after holding a preliminary inquiry.

3. During the investigation of case FIR Ex. PW-1/C, it came to light that applications, affidavits and agreements, in the names of 19 persons, residents of villages Sainj, Salana and Mungra, falling in Forest Division, Rohru, had been submitted to the Divisional Forest Officer, for demarcation of their private lands and marking of trees, which could be felled, under Ten Years Felling Programme. Those applications, affidavits and agreements were marked by the Divisional Forest Officer to Range Officer Ram Lal, one of the respondents for marking the trees, after obtaining demarcation from competent Revenue Officer. Kanoongo Mast Ram (now dead) carried out demarcation of the land, situated in village Sainj and on the basis of his demarcation, 427 trees were marked by Range Officer Ram Lal.

4. In the case of villages Salana and Mungra, demarcation was given by Field Kanoongo Chet Ram, a respondent herein, and trees were marked by Balak Ram, another respondent. Lists of the trees, marked in all the three villages, were submitted to the Divisional Forest Officer, with certification that no tree had been marked on Government land. Random checking was done by respondent Tehsildar S.R. Mehta (now dead) and Assistant Conservator of Forests D.N. Machhan, who is also no more. After the certification by the said deceased Tehsildar and deceased Assistant Conservator of Forests, Divisional Forest Officer granted permission to fell the trees, indicated in the lists of marked trees.

5. Trees were permitted to be felled by M/s Sada Nand & Company. After felling the trees, Company submitted an application for grant of separate export permits, in respect of each of the three villages. Timber scants were counted and measured, on the spot, by Balak Ram, Block Officer, and Shyam Lal, Forest Guard. Lists were prepared and submitted. Three permits were issued by the Divisional Forest Officer, on the basis of lists submitted to him by the above-named two forest officials (respondents herein). One permit No.45/81-82 Ex. PW-58/A-31 authorized export of 622 scants. Another permit No.255/81-82 authorized export of 2230 scants of timber and the third permit No.46/81-82, Ex. PW-61/B, authorized export of 1820 scants.

6. Investigation revealed that 67 scants were exported, in excess, against permit No.45/81-82 and 144 scants had been exported, in excess, against permit No.46/81-82.

7. When it was noticed that excess timber h