P.K. Musahary, J.

1. The accused petitioner being convicted under Section 42 of the Indian Forest Act, 1927 and sentenced to suffer R.I. for two months by the learned Chief Judicial Magistrate, West Tripura, Agartala in C.R. 388 of 2001 preferred an appeal before the learned Sessions Judge, West Tripura, Agartala. The said criminal appeal No. 47(3)/2001 was dismissed by the judgment dated 8.8.2002. Being aggrieved, the instant criminal revision petition has been filed challenging the aforesaid judgment dated 6.7.01 passed by the learned Chief Judicial Magistrate, West Tripura and also the judgment dated 8.8.02 passed by the learned Sessions Judge, West Tripura, Agartala.

Heard Mr. S. Kar Bhowmik, learned Counsel for the petitioner and Mr. R.C. Debnath, learned P.P. In-charge for the respondent.

2. The prosecution case, in brief, is that on 2.2.2001, at around 6.30 a.m., while the complainant, Sri Bul Bul Das, Forester being accompanied by other staff of the Forest Department was on circuit duty at Chakmaghat area, found the accused petitioner, namely, Ranabir Bhowmik, proceeding towards Teliamura from Chakmaghat driving an auto rickshaw loaded with some sawn timber. The accuse