JAGATIPI VENKATARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Of the four accused who were charged with commission of offence punishable under section 29 (4) (b) of the Forest Act read with Rule 3 of the Andhra Pradesh Sandal Wood and Red Sanders Wood Transit Rules, 1969, A-1, A-2 and A-4 were acquitted, but A-3 was convicted of the above offence and was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 1,000 and in default thereof to suffer simple imprisonment for a period of 2 months.

(2.) The appellate Court confirmed the conviction of A-3 but modified the sentence to one of six months rigorous imprisonment and a fine of Rs. 500 and in default to suffer simple imprisonment for two months. Hence this Revision.

(3.) The case of the prosecution is that, on 27th March, 1976 between 6 A.M. and 7 A.M. the accused were found transporting red sandal wood and they were caught while transporting the same. Although the statement of A-3 was recorded as envisaged in Rule 5 of the Andhra Pradesh Forest Offences (Compounding and Prosecution) Rules, 1969 (hereinafter referred to as the compounding Rules), nevertheless the Forest Officer competent to compound refused to compound the offence and consequently he sought permission of the Sub-Divisional Forest Officer or the Divisional Forest Officer to prosecute the accused as envisaged in Rule 12 of the above-said rules. P.Ws. 1, 3 and 4 are the main witnesses to prove the offence. P.W. 1 is the Forest Range Officer. Rayachoty, P.W. 3 is the Forest Range Officer, Rajampet and P.W. 4 is the Karnam of Gundlur village. Both the Courts, as stated earlier, relied upon the evidence of these witnesses and also the statement given by the accused in Form A of the Compounding Rules and convicted and sentenced the accused as stated herein above.