SOHAN LAL AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS revision is directed against the judgment and order of learned Additional Sessions Judge/IV F.T.C., Haridwar dated 30.10.2002 whereby the judgment and order of conviction passed by II Additional Chief Judicial Magistrate, Haridwar dated 01.03.2001 was affirmed.

(2.) THE facts of the case are that a criminal case No. 874 of 2000 pertaining to case crime No. No. 12 of 1998 for the offence under Sections 379, 411 Indian Penal Code, 1860 read with Section 26 of Forest Act, police station Shyampur District Haridwar was tried. The revisionists, on the conclusion of trial, were found guilty for the offence under Section 411 Indian Penal Code, 1860. Learned Magistrate has sentenced them to undergo six months rigorous imprisonment. For the rest of the offences of Section 379 Indian Penal Code, 1860 and Section 26 of Forest Act, they were exonerated from the charges.

(3.) LEARNED Brief holder for the State/Respondent has refuted this contention of the learned Counsel for the revisionists that at this stage, No. further appreciation of evidence can be made by this Court. Besides, it has been amply proved by four witnesses, including two independent witnesses, that the said trees were cut from the Khasra Nos. 49 and 56 owned by Gram Sabha and tractor trolley was also seized from the spot. It was having cut wood of those five trees and that trolley was recovered not from Khasra No. 30 but from Khasra No. 49 and 56.