IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL REVISION CASE No.375 of 2009 Between: Shaik Valli and 5 others ..... PETITIONERS/ACCUSED And The State of Andhra Pradesh, Rep.its Public Prosecutor, High Court of A.P.Hyderabad .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL REVISION CASE No.375 of 2009 ORDER: The Criminal Revision Case is filed by the petitioners/accused against the judgment dated 02.03.2009 in Crl.A.No.3/2006 on the file of the V Additional Sessions Judge, Rayachoty, by which, the learned Sessions Judge confirmed the conviction and sentence imposed by the learned Judicial Magistrate of First Class, Lakkireddipalli against the petitioners/accused vide judgment dated 07.12.2005 in CC.No.21/2004 for the offence punishable under Sec.20(1)(d)(i) of A.P.Forest Act. The prosecution case is that when the Forest Officials were inspecting the reserve forest at Idupalapaya on 27.01.2001 at 6 a.m. the accused were found to be cutting red sanders trees without any valid permit and consequently, 104 pieces of red sanders were seized, and thereafter the police have arrested the accused and filed charge sheet. After conducting the trial, the trial Court convicted the accused for cutting of red sanders trees and sentenced them to undergo simple imprisonment for a period of four months each and to pay a fine of Rs.1,000/- each, in default to undergo simple imprisonment for a period of 15 days each. The said sentence was confirmed in the appeal. Aggrieved by the said conviction and sentence, the present revision is filed. Now the point for consideration is whether the conviction and sentence imposed by the Courts below is legal and sustainable. In support of the prosecution case, PWs 1 to 3 are examined and their evidence goes to show that during their inspection, the accused were found to be cutting the red sanders trees and consequently they have recorded the statements of the accused persons and seized the same. Evidently, there is absolutely no motive for PW 1 or PW 2 to speak against the accused and the Courts below have accepted the evidence of PWs 1 to 3 and appreciated the same in right perspective. Therefore, in the above circumstances, the conviction of the accused for cutting of the red sanders trees cannot be faulted. However, the minimum sentence prescribed under section is three months. As there being no previous convictions or accusations against the accused and they are said to be in jail for about two weeks, they are ordered to be released under Sec.360 of Cr.P.C. on each of them executing bonds for keeping good behaviour for a period of one year to the satisfaction of the Judicial Magistrate of First Class, Lakkireddipalli, and not to involve in offences of this nature, and to receive the sentence as and when called for. The execution of bonds shall be informed to the District Probationary Officer and the accused shall be kept under his supervision. The Criminal Revision Case is accordingly disposed of. ____________________________ N.R.L.NAGESWARA RAO,J Dated: 14.12.2011 Dsr