- (1.) The petitioner, Guddu Shukla @ Sant Gyan Shukla, in Cr Revision No 1068/2005, and the petitioner, Altaf Hussam, in Cr Revision No 1078/2005, filed appeals before the 5th Addl. Sessions Judge, Palamau, in Cr. Appeal No. 22 of 2003 and Cr. Appeal No 21 of 2003 respectively, challenging their conviction under sections 33 and 42 of the Indian Forest Act, for which they were sentenced to undergo R I for one year under each count The appellate Court, while setting aside the conviction under section 33 of the Indian Forest Act, confirmed the conviction of both the petitioners under section 42 of the said Act and aggrieved by the said order of conviction, the present revision applications have been filed
(2.) Since both the revision applications arise out of the common trial, being Trial No. 430/2003, the following common order is passed.
(3.) The case against the petitioners is that on 5.00 a.m. on 13-9-1998, P.W. 2, the forest guard, Banaudhi Sao, found the petitioners in a jeep bearing No. WBE 4166 coming towards Daltangonj from Satbarwa and that on seeing the Patrolling Party, the jeep was turned and the persons inside the jeep tried to escape. According to the prosecution, the jeep was stopped and one person ran away from the jeep and Altaf Hussain, driver, who is the petitioner in Cr. Revision No. 1078/05, was caught and when thejeep was searched, the Patrolling Party found 8 pcs. of Teak Slipper and Altaf Hussain gave the name of the person who ran away from the place of occurrence as Guddu Shukla. 8 pcs. of Teak Slippers were seized and later, prosecution was launched The trial court found them .guilty as stated earlier.;