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1959 Supreme(Pat) 139

K.SAHAI
Janu Khan – Appellant
Versus
State Of Bihar – Respondent


Judgment

K.Sahai, J.

1. All the four petitioners have been convicted under Sec.33 of the Indian Forest Act (XVI of 1927), and each of them has been sentenced to pay a fine of Rs. 50.00 or, in default, to undergo simple imprisonment for one month. Petitioner No. 1 and two others, who have not filed any application for revision, have been convicted under Sec. 42 of the same Act read with Transit Rules 2 and 5 (vi), and have been sentenced to pay a fine of Rs. 50.00 or, in default, to suffer simple imprisonment for one month each. Petitioner No. 1 has been further convicted under Sec.353 of the Penal Code, and has been sentenced to undergo simple imprisonment for one month. The price of the sal rolas in question, which were seized from the possession of petitioner No. 1 and two others, has been ordered to be forfeited.

2. The prosecution case is that, on the 2nd October, 1956, a forest guard named Jamuna Singh (P. W. 1) saw petitioners Janu Khan, Manan Khan and Halo Khan stripping off the bark from sal rolas (logs of sal wood), which had been cut, and petitioner Akram Khan loading those rolas on a truck bearing Registered No. B. R. L. 898. Jamuna Singh attempted to seize the rolas and
















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