Ram Bilash vs State Of U.P.
2012 Latest Caselaw 1812 ALL

Citation : 2012 Latest Caselaw 1812 ALL
Judgement Date : 16 May, 2012

Allahabad High Court

Ram Bilash vs State Of U.P. on 16 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 452 of 2004
 

 
Petitioner :- Ram Bilash
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Ilip Pandey
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Heard learned counsel for the revisionist and learned A.G.A.

This revision has been filed against the judgement and order dated 19.3.2002 passed by Addl. C.J.M. Raebareli in criminal case No. 1697 of 2000 whereby the revisionist has been convicted for the offence under section 77 of Forest Act andhas been sentenced with fine only. He has been directed to deposit the fine of Rs. 400/-, in default of payment of fine he shall undergo simple imprisonment of ten days and the judgement and order dated 6.8.2004 passed by V- Addl. Sessions Judge, Court No. 6, Raebareli in criminal appeal No. 28 of 2002 whereby the appeal filed by the revisionist has been dismissed.

From the perusal of the impugned orders it appears that prosecution has proved its case against the revisionist for the offence under section 77 Forest Act. The trial court has recorded the findings of conviction, the same has been upheld by the appellate court. The appellate court has also appreciated the evidence. In this revision testimony of the witnesses may not be re-appreciated. There is no illegality in recording the findings of the conviction and sentencing the revisionist to deposit the fine of Rs. 400/-. The impugned orders do not require any interference, therefore, the prayer for quashing the impugned order dated 19.3.2002 passed by learned A.C.J.M. Raebareli and order dated 6.8.2004 passed by V- Addl. Sessions Judge, court No. 6, Raebareli is refused.

The interim order dated 21.9.2004 is hereby vacated.

It is directed that in case the amount of fine has not been deposited, the same shall be deposited by the revisionist within three months from today, in default of payment of fine the revisionist shall sent to jail to serve out the sentence as awarded by the trial court.

Let a copy of this order be communiated to the learned Sessions Judge, Raebareli forthwith for the compliance.

Accordingly this revision is dismissed.

Order Date :- 16.5.2012

RPD