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2016 Supreme(HP) 678

AJAY MOHAN GOEL
Madan Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the petitioner.:Mr. Anil Chauhan, Advocate.
For the respondent.:Mr. V.S.Chauhan, Addl. Advocate General with Ms. Parul Negi, Dy. Advocate General.

JUDGMENT :

Ajay Mohan Goel, J.

This petition has been filed against the judgment passed by learned Addl. Sessions Judge, Sirmaur District at Nahan in Cri. Appeal No. 6-N/10 of 2004 dated 15.2.2008, whereby the learned Appellate Court has upheld the conviction of the petitioner for commission of offence punishable under Section 332 IPC passed by learned JMIC, Paonta Sahib, District Sirmaur in Cr. Case No. 76/2 of 98. The case of the prosecution was that one Sh. Milkhi Ram, complainant, was posted as Range Officer, Kaffota Range in Forest Department during the year 1988. On 18.3.1998 he along with Forest Guard Gurdit Singh and Block Officer, Prem Singh were on official tour from village Bhatrog to Sataun at around 9:00 a.m., when they saw that some persons were illegally extracting the limestone and indulging in illegal mining near Giri River, RF Janjli C-6. They also discovered that some people were loading lime stones in tractors and other were digging at the spot. The persons who were indulging in illegal activities in RF Janjali C-6 ran away from the spot along with tractors when they saw the forest officials. However, two tractors and certain tools used for digging were left behin















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