SELIM MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By filing this revisional application under Section 397 read with Section 401 and 482 of Cr.P.C. the accusedpetitioner challenged the judgment and order of conviction and sentence dated 11.07.2005 passed by learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No.9(1)/2005, whereunder the learned Sessions Judge upheld the judgment and order of conviction and sentence dated 09.02.2005 passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur in case No. C.R. 41/2004 under Section 42 of the Indian Forest Act with modification of sentence.

(2.) Heard learned counsel, Mr. Samar Das, appearing on behalf of the petitioner under the instruction of learned counsel, Mr. D. Bhattacharji and learned P.P., Mr. A. Ghosh for the State-respondent.

(3.) The fact of the case is that on 13.01.2004 at about 08-00 pm the complainant, Sri Rabindranath Biswas, a Range Officer of Patichari Forest Range with staff were on a patrolling duty and at that time they found a Jeep vehicle bearing No.TR 01-2089 carrying swan timbers proceeding towards Udaipur with high speed and they chased behind the vehicle and caught it at Rajarbagh. One person jumped from the vehicle and fled away in the darkness. The driver of the vehicle was caught red handed and his name was disclosed as Laxman saha. He could not show any document for carrying the swan timbers and the timbers were not having of any marking of the Forest Department and also there was no transit pass for carrying those timbers. The Range Officer thereafter seized the timbers by preparing seizure list and also seized the vehicle and arrested accused Laxman Saha. He examined accused Laxman Saha and recorded his statement and obtained his signature in the statement. Accused Laxman Saha disclosed in his statement that the swan timbers belonged to Selim Miah and at the instance of Selim Miah he was carrying the timbers and that Selim Miah had fled away from the vehicle.