JASRATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J Heard Sri P. N. Lal, learned Counsel for the revisionistsjsllh1 learned A. G. A.

(2.) THE revisionists were convicted under Section 26 of the Indian Forest Act by the C. J. M. , Pilibhit vide judgment and order dated 10-2-84 and were sentenced to undergo RI for 3 months and pay fine of Rs. 200/- each and in default of payment of fine to undergo SI for 10 days.

(3.) IT appears from perusal of the judg ments and orders of the Courts below that P. W 2 Tilak Ram had simply recovered the wood from the brick kiln and he had not apprehended any accused at the time of recovery. He is not a witness of illegal felling of the trees by the accused persons. Investigation done by him does not at all prejudice the revisionists. As regards the next question it is true that no recovery was made from the possession of the accused persons but P. W. 2 who is a witness of felling of the trees has nominated the ac cused persons in his report made to the Ranger office about the incident. There is thus no illegality in the impugned judg ments and orders of the Courts below.