UDAYAKUMAR Vs. STATE BY FOREST RANGER

JUDGEMENT

(1.) THIS Crl.R.C. is filed against the judgment of conviction and sentence passed by the Court of Principal District and Sessions Judge, Vellore in Crl.A.No.208 of 2006, dated 29.1.2007, confirming the said conviction and sentence passed by the Chief Judicial Magistrate's Court, Vellore in C.C.No.97 of 2005, dated 11.10.2006.

(2.) THE case of the prosecution is as follows: THE Forest Range Officer, Gudiyatham Circle, submitted Form in S.T.O.R.No.4 of 1997 against the petitioner/A2 before the Court of the Special Judicial Magistrate (Sandalwood cases), Tirupattur, under Section 21(d)(e)(f) and Section 36-A and E of the Tamil Nadu Forest Act read with Tamil Nadu S.P. Rule 3(1), charging that the petitioner/A2 and other accused were in possession of 214 Kg. of sandalwood worth Rs.89,238/- in Maruthi Van on 7.4.1997. After furnishing the copies of documents, the learned Special Magistrate has framed charges against the revision petitioner/A2 for the said offences and the revision petitioner/A2 denied the charges. Before the trial Court, P.Ws.1 to 4 were examined and documents 1 to 12 were marked.

(3.) CHALLENGING the conviction and sentence imposed by the trial Court and confirmed by the appellate Court, learned counsel for the revision petitioner/A2 submitted that the charge sheet was filed against six persons and it is nine bags containing 214 Kgs. of sandalwood chips and the value of the same is Rs.89,238/-. He raised the following contentions: