Bhawani Singh, J. - This Revision Petition under section 497 read with section 401 of the Code of Criminal Procedure (to be referred hereinafter as the Code) arises out of the judgment of learned Sessions Judge, Simla, in Criminal Appeal No. 41-S/10 of 1987 decided on 27-1-1989 thereby confirming the order of Sub-Divisional Judicial Magistrate, Theog, dated 25-11-1986 in case No. 148/1 of 1983. The petitioner has a grievance against this order. Hence this petition.

2. The facts, in brief, are that the petitioner and respondent No. 2 were prosecuted under section 379 of the Indian Penal Code and sections 41 and 42 of the Indian Forest Act, 1927. It is alleged that on 19-11-1982, Kedar Singh, Inspector C.I D., was present at Kotkhai in connection with some investigation. He got information that the accused had illicitly felled trees from the Government land A raiding party was formed in which forest as well as revenue officials were associated and the party went to the spot at Jalath Nallah. The land of the accused was demarcated and it was found that 34 trees of Kail and 14 trees of Deodar had been illicitly felled by the accused from their own land and 5 trees of Deodar and