DASO RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) Petitioners have challenged the Judgment dated 9.5.2003 passed by learned 4 th Additional Sessions Judge, Hazaribagh, in Criminal Appeal No.36 of 1999, whereby the appeal filed against the Judgment of conviction and Order of sentence dated 16.1.1999 passed by Sri Praveen Kr. Sinha, learned Judicial Magistrate, 1 st Class, Hazaribagh, in G. Case No.590 of 94 / T.R. No.78 of 98 / T.R. No.62 of 99 convicting and sentencing the petitioners for the offence under Section 33 of the Indian Forest Act, has been dismissed by the learned Appellate Court below.

(3.) The Judgments passed by the Courts below show that the petitioners were put to trial for the offence under Section 33 of the Indian Forest Act on the allegation that on 17.10.1994, the petitioners were found encroaching the protected forest land. It appears from the Judgments passed by the Courts below that four witnesses were examined in the Court below, who are the forest officials and they have supported the prosecution case. The documents were also proved by the prosecution, including Exhibit-5, which is the notification issued by the State Government in exercise of powers under Section 29 of the Indian Forest Act, whereby the land in question was notified to be the protected forest. The said notification has been issued on 2 nd of January 1953. On the basis of the evidence brought on record, the Court below has found the appellants guilty for the offence under Section 33 of the Indian Forest Act and has convicted them for the same. Upon hearing on the point of sentence, the Trial Court sentenced the petitioners to-2- undergo R.I. for one year each. The appeal filed against the said Judgment was also dismissed by the Appellate Court below.