SAJAL MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure is against the judgment dated 116 1998 passed by the learned Sessions Judge, North Tnpura, Kailashahar in Criminal Appeal No 23 (4)/1997 affirming the judgment passed by the learned Chief Judicial Magistrate, North Tnpura, Kailashahar in Case No. C.R 133 of 1996 convicting the petitioners, namely, (1) Sri Sajal Malakar, (2) Ramzan All, (3) Kayad Miah, and (4) Samsuddin under section 42 of the Indian Forest Act (hereinafter referred to as 'the Act") for their involvement under section 26 (1) (f), sections 41 and 42 of the Act and awarding the sentence of rigorous imprisonment for a period of 3 (three) months and fine of Rs. 500/- each in default, rigorous imprisonment for one month.

(2.) The prosecution case, in brief, is that on 24.11.1996 at about 2 p.m. one Shri Khawngai Liana Darlong, Officer-In- Charge of Hiracherra pecial Protection Party along with other forest officers was patrolling along Balahar area near Shantipur, noticed that one Gamai tree within the Jalai Beat area, a Protected Reserve Forest area was cut that and removed recently and while tracing the same, they followed the marks of dragging the said tree, they reached village Balehar and observed that the petitioners were sawing manually one recently cut Gamai log which had no forest marking and on enquiry, neither the ownership of the said log was claimed, nor any permit was shown by the petitioner said to have been issued by the competent authority for felling and transporting the Gamai tree was shown by the petitioner. The said Gamai log was seized and the petitioners were arrested for the aforesaid offences and a C.R. Case No. 133 of 1996 was instituted against them before the learned Chief Judicial Magistrate, North Tripura, Kailashahar for adjudication.

(3.) The prosecution examined as many as (05) five witnesses out of which P.W. 2 Pachi Marak and P.W. 3 Renu Debbarma were not examined. Other three witnesses, namely, Pradip Kumar Chakma (P.W. 1) Narayan Chandra Debnath (P.W. 4) and K.L. Darlong (P.W. 5) being the employees of Forest Department on duty were examined. According to the prosecution witnesses, the petitioners were caught red-handed for the offence of cutting Gamai tree and sawing that tree in their possession. All the three prosecution witnesses corroborated about the said incidence. The learned Trial Court, however, held that the felling up of the Gamai tree by the petitioners was not supported by the evidence and, therefore, they were not found guilty under section 26 (1) (f) of the Act but the learned Trial Court held that the petitioners guilty of transportation of the Gamai tree without permission involving in an act in contravention to the provisions of section 41 of the 'Act' and as such convicted them under section 42 of the Act.