Accused 1 is convicted for an offence punishable under Section 87 read with Section 379 of the IPC and sentenced to simple imprisonment for a period of six months and to pay fine of Rs. 5,000/- in default to undergo simple imprisonment for two months. In the charge-sheet there are three accused persons. Accused 2 and 3 are absconding and the case against them is split up before the Trial Court. Accused 1 is tried and convicted.

2. The prosecution case discloses that accused 1 was the driver of a private jeep, Accused 2 and 3 were the inmates of the jeep. When the forest officials intercepted and checked the jeep, they found 100 kgs. of sandalwood consisted in 47 rough dressed billets. Under a mahazar, the contraband is seized. The facts of the prosecution case disclose that all the three accused persons shared common intention and were smuggling the sandalwood.

3. The charge-sheet material discloses that all the accused persons shared common intention and were jointly transporting sandalwood billets. There is a grave lapse on the part of the Trial Court in not invoking Section 34 of the IPC for holding joint trial. The failure to do so would become fatal to the prosecution