WAZIR MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) By Court: Heard learned counsel for the petitioners and learned A.P.P. for the State.

(2.) The petitioners are aggrieved by the Judgment dated 25th November 1999 passed by learned Sessions Judge, Palamau at Daltonganj, in Criminal Appeal No. 111 of 1998, whereby the appeal, filed against the Judgment of conviction and Order of sentence dated 17th August 1998 passed by Sri P. N. Rai, learned Judicial Magistrate 1st Class, Daltonganj, in C.F. No. 574 of 1993| T.R. No. 463 of 1998, has been dismissed by the learned Appellate Court below with modification in sentence. It may be stated that on the basis of the evidence on record, the petitioners were found guilty for the offence under Section 33 of the Indian Forest Act and were convicted for the same. Upon hearing on the point of sentence, the petitioners were sentenced to undergo rigorous imprisonment for eight months each. The said conviction of the petitioners was maintained by the learned Appellate Court below, but the Appellate Court below dismissed the appeal after modifying the sentence to rigorous imprisonment for six months for the offence under Section 33 of the Indian Forest Act.

(3.) From the offence report, it appears that the petitioners were apprehended on 7.11.1993 along with four pieces of wood, i.e., three pieces of 'semal Latha' and one piece of 'semal Khamba' from the protected forest area and four bullocks and other articles were also recovered, which were with the petitioners. The case was instituted against the petitioners for the offence under Section 33 of the Indian Forest Act, for which, they were ultimately put to trial and on the basis of evidence adduced by the prosecution, they were convicted and sentenced as aforesaid.