R.SHANMUGAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition has been filed, seeking to set aside the judgment of conviction and sentence made in C.C.No.537/1998, dated 01.06.2009, by the Special Judicial magistrate Court, Tirupattur, Vellore District, which was modified in Crl.A.No.42/2009, by the judgment dated 13.04.2010, passed by the learned Principal Sessions Judge, Vellore.

(2.) The brief facts of the case are that the petitioner along with two other persons were arrayed as the accused in C.C.No.537/1998, on the file of the learned Special Judicial Magistrate, Tirupattur, Vellore District. The accused persons were tried for the offences under Section 21 (d) (e) and (f) and Section 35 (A) r/w (E) of Tamil Nadu Forest Act and after trial, they were convicted for the offence under Section 36(A) r/w (E) of the Tamil Nadu Forest Act and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.7,500/- failing which, to undergo simple imprisonment for two months. On appeal, the conviction of the Trial Court passed against the accused was confirmed by the the Appellate Court, however, the sentence alone was modified, directing the accused to undergo rigorous imprisonment for one year and also to pay a fine of Rs.3,000/- each, in default to undergo simple imprisonment for two months for the offence under Section 36 (A) r/w (E) of the Tamil Nadu Forest Act. As against the same, the present criminal revision has been filed by the petitioners/A2 and A3.

(3.) The case of the prosecution is that on 05.08.1997, under the leadership of P.W.1/Devarajan, forester, P.W.2 to P.W.6 were went on routine raid inside the forest area and when they were conducting inspection on Valasamalai Reserve Forest near Mullakadu, they have seen the accused having trespassed in to the forest and damaged the forest produce viz., Sandal Wood and at the time of inspection, the accused were found to be in possession of 551.00 Kgms. of Sandal Wood and its value was to be around Rs.2,47,950/-. The accused persons have voluntarily given confession, relating to the occurrence and based on such confession, the case in STOR. No.32/1997, came to be registered against three persons including the petitioners/A2 & A3 on the same day. The officials of the respondent have prepared Form-H, which was marked as Ex.P.1 as well as Form -95, which was marked as Ex.P.6 and immediately, after the occurrence, the seized Sandal Wood was produced before the Forest Officer along with Form-H and Form-95, which was prepared by the respondent and the Forest Officer fas also acknowledged the same. The seized Sandal Wood was also assigned with identity and the accused were sent to the Judicial Magistrate Court, Tirupattur for remanding to the judicial custody. The respondent, after completion of investigation, had filed the charge sheet against the accused for the offences under Section 21 (d) (e) (f) and under Sections 35 and 36 (a) r/w (E) of the Tamil Nadu Forest Act.