TINTUS KHARIA Vs. STATE

JUDGEMENT

(1.) This revision is against the conviction of the petitioners for certain forest offences committed in Bamra State sometime in July 1949, and the sentence of fine passed by the Sub-Divisional Magistrate of Kuchinda. Their appeal against the conviction and sentence was dismissed by the Sessions Judge of Sambalpur.

(2.) Village Lepaikani, Babejore and Laidaguna in Bamra State form part of Sadharan forest of the State. It is alleged that the petitioners felled some green trees of the reserved species from these villages and thereby committed an offence under Rule 43 (a), (b), (f), & (g) of the Rules for the Preservation and management of the Bamra State forests, including Zamindari Areas. It was further alleged that they prepared the land for cultivation within the protected forest area of village Laidaguna and thereby committed an offence under Rule 8 (I) (i) of the said Rules.

(3.) The main, point of law Urged by Mr. Ray on behalf of the petitioners, is that with the merger of Bamra State with the old province of Orissa on 1.1.48, the Forest Rules made by the former Ruler of Bamra State ceased to be in force and that consequently the conviction and sentence, passed on the petitioners for contravention of any of the provisions of the said Rules, was invalid.