GAHC010106352011

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Rev.P./59/2011

RUPAM RAY @ RUPAN RAY and 6 ORS

S/O SRI TILAK RAY VILL- BORGAON, P.S. BIJNI, DIST. CHIRANG, BTAD,

ASSAM.

2: SRI RAHESWAR RAY

S/O SRI THATRANG RAY VILL- BORGAON

P.S. BIJNI

DIST. CHIRANG

BTAD

ASSAM.

3: SRI MONOJ KUMAR RAY

S/O SRI DINANATH RAY VILL- BORGAON

P.S. BIJNI

DIST. CHIRANG

BTAD

ASSAM.

4: SRI LAHIT RAY

S/O SRI NARESWAR RAY VILL- BORGAON

P.S. BIJNI

DIST. CHIRANG

BTAD

ASSAM.

5: SRI TILAK RAY

S/O LT. BHORA RAY VILL- BORGAON

P.S. BIJNI

DIST. CHIRANG

BTAD

ASSAM.

6: SRI JAGDIP RAY

S/O SRI RAJEN RAY VILL- CHAITANGURI

P.S. BIJNI DIST. CHIRANG BTAD ASSAM.

7: SRI KERKA RAY S/O LT. UPEN RAY VILL- BORGAON P.S. BIJNI DIST. CHIRANG BTAD ASSAM VERSUS THE STATE OF ASSAM Advocate for the Petitioner : MR.S DEY, MS. B. SARMA(AMICUS CURIAE),MR.P SEN Advocate for the Respondent : , ,PP, ASSAM Linked Case : Crl.Rev.P./130/2011 ABDUL KASHEM S/O BAKTA JAMAL R/O VILL- NO.1 BOGIDWARA P.S. BIJNI P.O. PANBARI DIST. CHIRANG BTAD ASSAM. VERSUS THE STATE OF ASSAM ------------

Advocate for : MR.P SEN Advocate for : MR. D GOGOI SC FOREST DEPTT. appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 30.10.2025 Heard Mr. S. Das, learned counsel, as Amicus Curiae, for the petitioners. Also heard Mr. B. Sarmah, Special Public Prosecutor, Forest, appearing for the respondent.

2. The present revision petition has been instituted assailing the Judgment dated 13.12.2010, passed by the Additional Sessions Judge (FTC), Bongaigaon, in Criminal Appeal No.05(1)/2010, upholding the conviction of the petitioners, herein, vide Judgment dated 29.12.2009, passed by the Sub-Divisional Judicial Magistrate (M), Bijni, in C.R. Case No.132/2007, convicting and sentencing the petitioners, herein, under Sections 24/25/35/41 of the Assam Forest Regulation, 1891.

3. The prosecution case in brief is that on 06.07.07, Sri Amarendra Nath, Forester Grade-1, of Manas National Park, lodged a complaint before the SDJM(M), Bijni, inter alia, stating therein, that on 30.06.2007 at about 7.00 p.m, while he and his colleague were on patrol duty at No.9 Bishnupur Area of Manas National Park, they had apprehended 9(nine) nos. of persons carrying logs in 6 nos. Bullock carts from inside the Manas National Park. It is further projected that the Bullock carts along with the 7(seven) nos. of Khakan logs valued at around Rs.10,777/-(Rupees ten thousand seven hundred seventy seven) were seized from the possession of the persons so apprehended.

The said complaint on being lodged came to be registered as C.R. Case No.132/07, and the learned Trial Court on taking cognizance of the offence involved, summons came to be issued to the accused, including the present petitioners.

During the Trial the prosecution examined 5(five) witnesses.

Thereafter the accused, including the petitioners, herein, were examined under Section 313 CrPC.

On conclusion of the Trial, the learned Trial Court vide Judgment dated 29.12.2009, on appreciating the evidences coming on record was pleased to convict the accused including the petitioners, herein, under Sections 24/25/35/41 of the Assam Forest Regulation, 1891, and sentenced them accordingly.

Being aggrieved the petitioners assailed their conviction by way of instituting an appeal being, Criminal Appeal No.05(1)/2010, before the Court of the learned Sessions Judge, Bongaigaon. The said case was transferred to the Court of the learned Additional Sessions Judge (FTC), Bongaigaon, for disposal.

The Appellate Court on an appreciation of the evidences coming on record as well as appreciating the grounds taken in the appeal, proceeded vide Judgment and Order dated 13.12.2010, to dismiss the said appeal upholding the conviction of the petitioners, herein.

It is to be noted, herein, that the appeal as filed by the petitioners was considered along with another appeal, being Criminal Appeal No.03(1)/2010, filed by one Abdul Kasem, who was also an