ROSHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision is directed against the conviction of the petitioner under sec. 26 of the Rajasthan Forest Act, 1953 and sentencing him to undergo one month's simple imprisonment. According to the prosecution case, the petitioner alongwith co-accused Prabhoo was caught on September 19 1982, while cutting stones by digging a pit of size 1/10'xl/10' in the mines at Moja Dolasia closure situated in Saheli-ki-Ghat District Bundi. The accused pleaded guilty to the charge and thereafter the learned Magistrate gave the above sentence. An appeal filed by the petitioner was also dismissed by the learned Sessions Judge, Bundi by his order dated March 26, 1984.

(2.) LEARNED counsel for the petitioner though initially challenged the conviction of the petitioner but he could not persist it any longer and he submitted that it was the first offence committed by the petitioner. The offence is punishable with a maximum imprisonment for a term extending to six months or with fine extending to Rs. 500/- or with both and in view of the nature of the case alleged against him, he was entitled to the benefit of probation.