STATE OF RAJASTHAN Vs. BHOGJI AND ANOTHER

JUDGEMENT

(1.) The instant criminal appeal u/s. directed against the judgment and order dated 10.6.2003 passed by Judicial Magistrate, Banswara (for short 'the trial Court' hereinafter) in Criminal Case No. 657/2001, whereby the trial Court convicted the respondents for the offences u/ss. 41-42 of the Rajasthan Forest Act and sentenced them to imprisonment till rising of the Court and with fine of Rs. 500.00. Aggrieved by the order of sentence, the State has filed the instant appeal for enhancement of the sentence.

(2.) I have heard learned counsel for the parties, carefully gone through the judgment and order impugned as also the relevant material available on record.

(3.) From the evidence, it appears that on 29.7.2001, 72 small pieces of forest produce alleged to have been recovered from the respondents who were transporting the same without valid transit pass. The respondents in their statement claimed the said forest produce to be that of their own and produced DW-1 Shri Badami Lal and DW-2 Bhagwanti in their defence. From the defence evidence it appears that the said wood was purchased by the respondents from DW-1 Badami Lal and DW-2 Bhagwanti, both of them claims the wood to be of their own and stated that they had sold the wood to respondents. The witnesses have produced document Exhibit D/1. However, trial Court, relying on the prosecution evidence, convicted the respondents for the offences noticed above, and considering the totality of facts and circumstances, sentenced them to the period till rising of the Court with fine of Rs. 500.00. The offence is punishable with maximum six months imprisonment. Looking to the small quantity of the wood and that keeping in view the defence evidence, the sentence awarded by the trial Court cannot be said to be wholly inadequate warranting any interference.