LAWS(JHAR)-2017-7-203

MOHAR FANESHWAR UPADHAYA Vs. STATE OF JHARKHAND

Decided On July 27, 2017
Mohar Faneshwar Upadhaya Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard Mr. P. C. Tripathy, learned senior counsel for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) In this application, the petitioner has challenged the judgment dated 19.07.2000 passed by the learned Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 121 of 1998 whereby and whereunder the judgment and order of conviction of sentence passed by the learned Judicial Magistrate 2nd Class, Daltonganj in C. F. Case No. 284 of 1996 by which the petitioner has been convicted for the offence punishable under Section 33 of the Indian Forest Act and sentenced to undergo S.I. for 6 months has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that there are vital contradictions in the evidences of the witnesses. It has been stated that since the prosecution has not been able to prove its case beyond all reasonable doubt, the petitioner deserves to be acquitted from the charges levelled against him under Section 33 of the Indian Forest Act.