BETHALA GANESH Vs. STATE OF A.P.

JUDGEMENT

(1.) The Petitioners were convicted for the offence punishable under Sec. 447, 379 read with 34 of IPC and Sec. 20(c)(viii) of A.P.Forest Act, 1967 (for brevity "the Forest Act') by the learned Trail Court. Against the order of conviction, they preferred an Appeal before learned Appellate Court. The learned Appellate Court dismissed the Appeal and confirmed the order of conviction. Hence this Criminal Revision.

(2.) Learned counsel for the Petitioners raised a single legal point before this Court challenging the order of conviction. It is the case of the Petitioners that the prosecution has not produced any Gazette Notification regarding the area of scene of crime is a Reserved Forest Area. Thus, the order of conviction is not sustainable.

(3.) The prosecution case in brief is that on 1/5/2012, the Sub-Inspector of Police, Paderu, received credible information about the trespassing of some persons with iron implements for digging the land near Kodugudla Village. Immediately, the Police party with the VRO proceeded to the Village, when they reached near hill behind the Village, they noticed some persons near polythene covers tent, digging the land for semi coloured precious stones in the Reserved Forest Area by using iron implements like hammers, iron crow bars, to collect coloured stones. On seeing the Police, the persons tried to abscond and immediately the Police personnel apprehended them.