DAMODAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment dated 15.3.1999 passed in Cr. Appeal No. 5/97 by which the learned Session Judge, Gumla modified the sentence of the petitioner to pay a sum of Rs. 1,000.00 in place of three months simple imprisonment.

(2.) The short case of the prosecution is that one Gopal Prasad Gupta, the then Range Officer of Simdega raided the shop namely Grand Furnitures and residential house of the petitioner on 6.11.1992 at about 4.00 p.m. and seized semi-constructed/unifinished furnitures from the shop-cum-residence of the petitioner. Accordingly, the seizure list was prepared and the prosecution report was filed to the Court of A.C.J.M. Simdega, who took cognizance for the offence under Sections 33 and 42 of the Forest Act, 1927.

(3.) In the Court below, the prosecution examined five witnesses. Defence also examined three witnesses and after hearing both the sides, the Court below i.e. Sub-divisional Judicial Magistrate, Simdega convicted the petitioner for the offence under Section 42 of the Indian Forest Act and sentenced the petitioner to undergo simple imprisonment for three months. Against which the petitioner preferred an appeal before the Sessions Judge, Gumla and the Sessions Judge modified the sentence by imposing a fine of Rs. 1,000.00 in place of three months simple imprisonment.