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2000 DIGILAW 2192 (SC)

State of H. P. v. Hari Dass

2000-12-13

K.T.THOMAS, R.P.SETHI

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JUDGMENT : K.T. THOMAS, J. 1. In all these cases the accused arrayed included officers of the Revenue Department as well as Forest Department, besides timber contractors and the land owners of Himachal Pradesh. They were alleged to have plundered the timber wealth standing on the Government land in the State of Himachal Pradesh. The trial court acquitted them and the High Court confirmed the acquittal. 2. We heard learned counsel for the State at length. 3. We also heard Mr. Jaspal Singh, learned senior counsel for the officials accused and other learned counsel for the remaining accused. We are not in agreement with the findings of the trial court and High Court on the premise that the demarcation made by the officials under the guise of which trees were felled would be presumed to be valid until it is set aside by adopting the procedure prescribed by law. We make it clear that the questioned demarcation is described to be part of the criminal conspiracy with which all the offences were committed. If it can be held that the demarcation was made as a step in aid pursuant to the conspiracy hatched it is unnecessary for that demarcation to be set aside by resorting to the due process of law. This is because that demarcation is ipso facto illegal being part of a criminal design. 4. But that observation is not enough to interfere with the concurrent findings on fact. The prosecution in this case has failed to prove that the individual accused were responsible for cutting the trees attributed to him. In these appeals under Article 136 of the Constitution we are disinclined to interfere with the concurrent findings on fact. 5. Accordingly we dismiss these appeals and the Special Leave Petition.