Allahabad High Court
State Of U.P. vs Navi Ahmad And 2 Others on 26 July, 2021
Bench: Manoj Kumar Gupta, Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- GOVERNMENT APPEAL No. - 85 of 2020
Appellant :- State of U.P.
Respondent :- Navi Ahmad And 2 Others
Counsel for Appellant :- G.A.
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Mohd. Aslam,J.
(Per Hon'ble Mohd. Aslam, J.)
Heard Smt. Archana Singh, learned Government Advocate for State on application for leave to appeal under Section 378(3) Cr.P.C. against the order of acquittal passed by the learned Additional Sessions Judge-IV/Special Judge, Rampur in Sessions Trial No.011 of 2012 (State v. Navi Ahmad & 2 Ors.) whereby the opposite party-accused were acquitted of the charges under Sections 147, 148, 149, 307, 379, 411 IPC and 26 Indian Forest Act.
It is contended by learned Government Advocate that according to the First Information Report, 12 trees were cut in the night of 11.03.2009 at 11:30 p.m. by the accused in the reserved forest, Pipali Outpost No.3, District Rampur. The informant Santosh Kumar Singh, Forest Guard, Pipali Chowki, Late Ram Kishore, Forest Guard and other persons employed in the forest department at Pipali Chowki reached at the place of occurrence and found that three trees of Sesame, four trees of Jamun, two trees of Arjun and four trees of Gutel were cut by the accused and, after making logs, they were carrying them on five motor-cycles. They were seen by the aforesaid Forest Personnels, thereupon, the accused have fired on informant and his associates, upon it, the informant and his associates have also fired two rounds from their 12 bore-gun and, thereafter, the accused leftone motor-cycle bearing no.U.P. 04B/3419 and the chopped wood logs and they fled away on four motor-cycles. The informant and other Forest Personnels have recognized opposite party Navi Ahmad, Gurvez, Amreeq, Shafi Ahmad and Saabir and lodged the First Information Report which was registered as Crime No.193 of 2009 at Police Station Milak Khanam, District Rampur and after investigation, the Investing Officer submitted the charge-sheet against them under Sections 147, 148, 149, 307, 379, 411 and Section 26 of the Indian Forest Act.
The cognizance was taken by the lower court and the accused were tried in the Court of Additional Sessions Judge-IV/Special Judge-Rampur who vide his judgement dated 06.11.2019 had acquitted the accused/respondents. It is alleged that the Forest Guard and his associates have also recovered the pieces of the cut trees from the place of occurrence and have prepared the memo of it and also has taken in possession the motor-cycle bearing no.U.P. 04B/3419.
In the trial court, the State has examined Awadh Nath, informant (PW-1), Santosh Kumar, Forest Guard as PW-2, Constable Chandra Bhan Singh (P.W.-3), Balkishan (PW-4) and Harishankar Pal (PW-5). The chik report Exhibit (Ka-5) and G.D. registering the case Exhibit (Ka-7) were prepared. The lower court has also examined PW-4 Balkishan to prove the fard of taking possession of the pieces of wood in respect of which offence is alleged to have been committed by the accused. The lower court has also examined the Investigating Officer Harshankar Pal and the statement under Section 313 Cr.P.C. of the accused were recorded.
Learned A.G.A. submitted that the findings of acquittal recorded by the trial court is based on misreading of evidence.
We have gone through the deposition of the witnesses and the material available on record. PW-5 retired S.I. Harshankar Pal has admitted in his cross-examination that the accused Gurvez named in First Information Report had died before occurrence of this incident.
From the evidence, it transpires that none of the accused were arrested on the spot. They fled away from the place of occurrence. If they were rightly identified by the informant and witnesses while they were committing the offence, they would not have named the person who had died before occurrence of the incident.
In above circumstances, we are of the considered opinion that the accused were not identified on the place of occurrence. Moreover, in deposition PW-1 has stated that 12 trees were cut by the accused. The details of which were given by the informant PW-1 Awadh Nath and it was also stated that 12 log of wood were recovered from the place of occurrence while recovery memo shows that 12 trees were cut by the accused which was made in 15 pieces while 22 logs of wood were produced in the court at the time of evidence. No distinct marks were found on the above 22 piece of wood. The trial court while evaluating the evidence considered all the material aspect of the case and found that the charges against the opposite party were not proved and found that the prosecution case is doubtful and has acquitted the accused/respondents. In this case, the accused Gurvez had died before this occurrence and Amreeq had died during the pendency of the sessions trial. The engine number and chassis number of the motor-cycle bearing No.UP 04B/3419 was defaced and Investigating Officer has not connected it during investigation with its registered owner.
In above circumstance, the judgment and order of acquittal of learned lower court is according to the law and in our opinion we found that no prima facie case has been made out or arguable point has been raised which indicates that the order of acquittal requires deeper scrutiny or reconsideration.
Accordingly, the application for leave to appeal is refused and rejected. Hereby the appeal is also dismissed.
Order Date :- 26.7.2021
Jyotsana
(Mohd. Aslam, J.) (Manoj Kumar Gupta, J.)
