B. Rajendran, J.

1. The petitioner is arrayed as first accused in C.C. No. 117 of 1998 on the file of the learned Special Judicial Magistrate, Thirupathur, Vellore District. The petitioner was tried for the offence punishable under Section 21(d), (e), (f) and 36(A) and (E) of Tamil Nadu Forest Act (Act V of 1982) and after trial, he was convicted him for the offences punishable under Section 36(A)and (E) and sentenced to undergo rigorous imprisonment for two years with fine of Rs.7,500/-, failing which to undergo simple imprisonment for a period of three months. The petitioner was acquitted of the offence under Section 21(d)(e) and (f) of the Tamil Nadu Forest Act. Such conviction and sentence passed against the petitioner was confirmed by the Appellate Court in the appeal filed by him. As against the aforesaid decisions of the Court below, the present Criminal Revision Case is filed.

2. The case of the prosecution is that on 09.01.1998 on the basis of a tip off received by PW2, he proceeded to Porayankulam Forest area along with his team in the official jeep bearing Registration No. TNM 8661 at about 4.00 pm. During the course of vigil, they have spotted three persons behind a