DULI MAHTO AND ANOTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailesh Kumar Sinha, learned counsel for the petitioners and Mr. Sudhansu Kumar Deo, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 30.6.2001 passed by the learned VIth Additional Sessions Judge, Hazaribagh in Criminal Appeal No. 47 of 1999 whereby and whereunder the judgment and order of conviction and sentence passed by the learned S.D.J.M., Hazaribagh in C. Case No. 503 of 1990 convicting the petitioners for the offence punishable under Section 33 of Indian Forest Act and sentencing them to undergo R.I. for 6 months each has been affirmed.

(3.) The prosecution story as would appear from the report is that the wood was being cut and the petitioners were apprehended on the spot and there was some recovery of Sakhua from the possession of the petitioners. Based on the aforesaid allegations, an offence report was submitted and after inquiry, prosecution report was submitted before the court of learned C.J.M., Hazaribagh pursuant to which cognizance was taken under Section 33 of the Indian Forest Act.