Himachal Pradesh Court July 2007 Judgments

State of H.P. Vs. Garib Dass and ors.

Court: Himachal Pradesh

Reported in: 2008CriLJ903,2008(1)ShimLC260

ORDERSurinder Singh, J.1. The respondents were put up on trial before the learned Sub Divisional Judicial Magistrate, Nalagarh in Criminal case No. 42/2 of 1996 under Section 379 read with Section 120-B of the Indian Penal Code and Sections 33 and 42 of the Indian Forest Act. The learned trial Court had acquitted the respondents vide its detailed judgment passed on 26-11-1999 against which the instant appeal has been filed, on the ground that the reasoning's of the trial Court in acquitting the accused respondents were manifestly unreasonable and unsustainable as there was no warrant at all for the trial Court to discard the well reasoned and consistent testimony of prosecution witnesses on material points.2. Leave to appeal was granted by this Court on 9-5-2000. Now the matter has been finally heard.3. Shri V.K. Verma, learned Additional Advocate General has vehemently argued that the learned trial Court has not appreciated the evidence of the prosecution in its right perspective, thu...