(1) THE High court reversed the judgment of the Magistrate, First Class, and recorded conviction of the appellants for offences under S. 26 and 41 of the Indian Forest Act and Section 379 Indian Penal Code and sentenced them to three months rigorous imprisonment under each count under the Indian Forest Act and six months rigorous imprisonment for the offence under the Indian Penal Code. The sentences were ordered to run concurrently.

(2) THE prosecution and the defence have some common grounds. It is stated that on the night intervening 28/29/11/1971 Shri R.N. Chaudhri,.the Divisional Forest Officer and Shri Ramola, the Assistant Conservator of Forests on prior information collected in two separate groups at Nanda Chauki at Chakrata Road near Dehradun (U.P.) in order to await the passing of a truck carrying stolen timber. At about" 3.00 a.m. the offending truck came loaded with wood sleepers and was stopped in which were six accused including the three appellants herein. The others being the owner who is dead and the driver and the cleaner who are absconding. The respective confessions of all the six persons were recorded by the D.F.O. Therein the appellants admitted