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2017 Supreme(HP) 77

AJAY MOHAN GOEL
Pushap Raj – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners: Mr. Surinder Saklani
For the Respondent: Mr. Vikram Thakur

JUDGMENT :

Ajay Mohan Goel, J.

Taking into consideration the issue involved in the present revision petition, it is not necessary to go into the factual matrix of the case in detail.

2. Suffice it to say that the petitioners before this Court were tried for commission of offences punishable under Sections 41 and 42 of the Indian Forest Act and Section 120-B of the Indian Penal Code by the Court of learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, Mandi in Police Challan No. 23-I/2002 and learned trial Court vide its judgment dated 31st August, 2006, acquitted the present petitioners alongwith other co-accused in the matter.

3. Feeling aggrieved by the judgment of acquittal so passed by the learned trial Court, State filed an appeal in the Court of learned Sessions Judge, Mandi and learned appellate Court vide its judgment, dated 17.05.2010 passed in Criminal Appeal No. 43 of 2006, while setting aside the judgment of acquittal passed by the learned trial Court in favour of the present petitioners, held them guilty for violation of Rule 5 of Forest Produce Transit (Land Routes), Rules 1978 punishable under Rule 20 and also under Section 42 of the Forest Act. On the question






















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