JALALUDDIN RANGSAZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 3rd June, 2000, passed by the learned Sessions Judge, Palamau at Daltonganj in Cr. Appeal No. 13/78 of 1998, whereby and where under the appeal preferred against the judgment of conviction and order of sentence dated 11.6.98 passed by the learned Judicial Magistrate, Garhwa in C.F. Case No. 8/85 (Trial No. 14/98) convicting the petitioners for the offence under section 33 of the Indian Forest Act and sentencing them to imprisonment for three months along with fine of Rs.500.00, has been dismissed.

(3.) It has been submitted by the learned counsel for the petitioners that the Katha allegedly seized was actually purchased by the petitioners, for which he has referred to Ext-A. It has further been submitted that the defence witness examined on behalf of the petitioners has proved the receipt of Garhwa Bazar Samiti with respect to purchase of Katha and such fact has not been properly considered either by the learned trial court or by the appellate court while convicting and sentencing the petitioners for the offence under section 33 of the Indian Forest Act.