Jai Singh and Others vs State of H.P. and Another

Surjit Singh, J.—Heard and gone through the record.

By means of this revision petition, Petitioners, hereinafter referred to as accused, have challenged the judgment, dated 8.5.2006, of learned Judicial Magistrate, 1st Class, Mandi, whereby they have been convicted of an offence under Sections 41/42 of the Indian Forest Act and sentenced to undergo simple imprisonment for three months and to pay fine of Rs. 500/- each, as also the judgment dated 29.11.2010, of learned Additional Sessions Judge, by which their appeal has been dismissed and the conviction and sentence maintained.

Case of the prosecution is that on 10.1.2003, around 9 p.m., Petitioners were carrying 14 logs of a dry Cheel tree in a jeep, the length of which varied from 3'' to 6'' and the girth varied from 33" to 42". It appears that all the logs were part of the same tree because of variation in the girth of logs. The logs were dry and, therefore, it can legitimately be presumed that either a dry tree had been felled and made into logs or these were the logs of already fallen dry tree. This kind of logs are normally used as fuel wood, because Cheel wood is not so strong that it may be used as timber.

Logs were being carried from one village to another, but not outside the State. The act though technically amounts to violation of Rule 11 of HP Forest Produce (Transit Land Routes) Rules, 1978, but the offence is not that serious as to call for severe punishment. The act is punishable, with imprisonment which may run up to two years or with fine up to Rs. 5000/- or with both.

Looking to the above stated facts and circumstances, I feel that ends of justice will be met in case the sentence of the Petitioners, who are in jail since yesterday, is reduced to the sentence of imprisonment, already undergone by them and fine of Rs. 500/- each. It is ordered accordingly.

Revision petition stands disposed of.

Cr. MP No. 981/2010

Infructuous, as the main matter stands disposed of.