CHANDRASEN BAG Vs. STATE

JUDGEMENT

(1.) The petitioners call in question legality of the order passed by the learned Additional Sessions Judge, Jeypore, confirming the conviction and sentence awarded by the learned Judicial Magistrate, First Class, Bissam, Cuttack convicting the petitioners under S.37(1)(c) of the Orissa Forest Act, 1972 (in short, the 'Act') and sentencing them to undergo rigorous imprisonment for two months and to pay a fine of Rs. 500/-, in default to undergo a further period of rigorous imprisonment for one month.

(2.) The prosecution case which led to the trial of the petitioners is that on 3-9-1984 they were found felling the trees at Khuntabadi unreserved forest by means of saw and cutting the logs. They did not have any permit for doing so. The saw and the wood were seized in presence of the witnesses. After obtaining sanction, prosecution report was submitted under S. 37(1)(c) of the Act. The petitioners faced trial.

(3.) Their plea in essence was two fold; (i) They being labourers engaged by Duriya Bhatra the question of their being guilty of offence under Sec. 37(1)(c) did not arise; (ii) Further in order to attract culpability under S. 37(1)(c) it has to be established that any protected forest was affected by the acts of the petitioners. The plea did not find acceptance by the courts below.