JUDGMENT :

RATNAKER BHENGRA, J.

1. Heard the parties.

2. This appeal arises out of judgment of conviction and order of sentence dated 05.09.2002, passed in S.T. No. 196/98, by the learned Additional Sessions Judge, Fast Track Court-I, Chatra, whereby and where under, appellants have been convicted for the offences under Sections 379 and 411 of the Indian Penal Code and Section 16 of the Bihar Kendu Leaves (Control of Trade) Act, 1973 and have been sentenced to undergo RI for 2 years for the offence under Section 411 Indian Penal Code and RI for 6 months for the offence under Section 16 of the Bihar Kendu Leaves (Control of Trade) Act, 1973. Both the sentences were ordered to run concurrently. No, sentence was passed under section 379 of IPC.

3. The prosecution case as per the offence report is that on 24.04.1995 at about 6:00 p.m., when the forest personnels were on patrolling duty, they saw a truck coming in the village Gangpur from Gangpur - Patthalgada road. When they intercepted the truck bearing registration No. BHM 6210 and examined it, they found the truck loaded with Kendu leaves. The forest personnels demanded papers in respect of Kendu leaves then driver handed over Transport Permit Form N0.1 of Bihar State Forest Development Corporation Limited Sal Biz Project. The said transportation permit was of the year 1991 but the seal was of 1994. Dakpatti was also produced which was written on blank paper and in the aforesaid permit 125 bags of Kendu leaves were shown. On verification, it was found that the transportation permit presented by the driver was forged and fabricated because the permit presented was for transportation of Sal Biz Project. The permit presented was Transport permit Form no-1 whereas for transportation of Kendu leaves from one godown to other godown, Transport permit Form no-2 is used. In the permit presented by the driver no unit was mentioned with respect to Kendu leaves though it is necessary to mention unit, in the Transportation Permit Form of the Kendu leaves. The further case of prosecution is that when authorities were satisfied that kendu leaves loaded on the truck no. BHM 6210 is illegal then truck diver Anwar Hussain an Khalasi Karu Mahto were taken in custody and truck no. BHM 6210 along with kendu leaves were seized under section 14 of Bihar Kendu Leaves(Control of Trade) Act,1973. The seizure list was prepared at the place of occurrence itself. The owner book of the truck was seized from the truck on which registration number of the truck was shown as BHM 6210 and owner of the truck was Mahesh Prasasd Jaiswal son of M.P. Jaiswal and address was written as Imli Kothi, Hazaribagh. On verification, it was found that there was no godown of Kendu leaves neither at at Gangpur nor at Teliya. The further case of prosecution is that truck owner Mahesh Prasad Jaiswal S/o late M.P. Jaiswal resident of Imli Kothi, Barkagaoen Road, Hazaribagh with the help of driver and khalasi by theft, illegally stocks the Kendu leaves and are engaged in business of Kendu Leaves.

4. On the basis of the offence report, learned C.J.M. took the cognizance of the offences and the case was committed to the Court of Sessions. Charges were framed against the four accused persons i.e. one Arvind Kumar Singh including the three appellants herein under section 379, 411, 412, 420, 468 of IPC and under section 16 of Bihar Kendu Leaves Act. Trial was held and at the conclusion of the trial, one of the accused person namely Arvind Kumar Singh was acquitted of the charges but the remaining accused persons or the appellants herein were convicted and sentenced as aforesaid. Hence, this appeal.

5. Prosecution has examined altogether five witnesses in support of its case. PW-1 is Ram Bijay Singh; PW-2 is Bachu Singh ; PW-3 Rajendra Rai; PW-4 Rajeshwar Yadav and PW-5 Kanhai Paswan is the Jeep driver.

6. PW-1 is Ram Bijay Singh. PW-1 has stated in his evidence that the incident is of 24.04.1995 in the evening at 6 O’clock and at that time, he