GABBU AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The applicants are convicted for offences punishable under Section 26(1)(b) of Indian Forest Act and Section 16(2) (b) read with Section 51 of the Wild Life Protection Act vide judgment dated 9.10.2012 passed by the Chief Judicial Magistrate, Khandwa in Criminal Case No.1544/2008 and the applicants were sentenced for six months rigorous imprisonment with fine of Rs.500/- and one years rigorous imprisonment with fine of Rs.1000/-. In Criminal Appeal No.209/2012 the learned IVth Additional Sessions Judge, Khandwa vide judgment dated 15.1.2013 dismissed the appeal. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicants have preferred the present revision.

(2.) The prosecution's case in short is that on 6.3.2008 at about 10.00 p.m in the night an information was received to the Forester Vijay Kumar Chourey that some culprits were present in the Reserve Forest of Division Punasa, District Khandwa and they had also ignited some fire in the forest.

(3.) The applicants abjured their guilt. They took a specific plea that they went to the jungle in search of their own cattles. However, no defence evidence was adduced and the applicants could not show that whether they possessed some cattles or some of the cattles were missing.