BHUNESHWAR YADAV AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navin Kumar, learned counsel, appearing for the petitioner and Mr. Md. Azimuddin, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 17.02.2005 passed in Criminal Appeal No. 89 of 1997 by learned 1st Additional Sessions Judge, Chatra, whereby and whereunder, the judgment of conviction and the order of sentence dated 23.04.1997 passed by learned Judicial Magistrate, 1st Class, Chatra, in U.C. Case No. 505 of 1995 (T.R. No. 622 of 1997), convicting the petitioners for the offence punishable u/S. 33 of the Indian Forest Act and sentencing them to undergo R.I. for 06 months, has been affirmed.

(3.) The prosecution case, in brief, is that when the forest guard along with another forest guard were on patrolling duty, arrived at Pachotri protected forest, they had detected that the petitioners were ploughing the field, but they managed to flee away and on inspection it was detected that encroachment was made upon the protected forest. On the basis of offence report, the place was inspected and sketch map was also prepared and thereafter it was detected that Pachotri protected forest was encroached to the tune of 03 acres. After cognizance was taken, trial proceeded.