STATE OF KERALA Vs. SUNDARAN

JUDGEMENT

(1.) This is an appeal preferred under Section 378(3) of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., by the State of Kerala challenging the legality and correctness of the judgment of the Chief Judicial Magistrate, Kasaragod in CC.No.493/2005 dated 17.04.2007. By the impugned judgment, the learned Chief Judicial Magistrate found the respondent, the second accused in the case, not guilty and acquitted under Section 248(1) Cr.P.C. The case against the first accused stood refiled.

(2.) The precise allegation against the respondent was that on 11.12.2004 he along with the first accused had trespassed upon the reserve forest and cut and removed three sandalwood trees stood in Bendhaduka section of Kasaragod forest range. Thus offence under Section 27(1)(e)(iii)(iv) of the Kerala Forest Act was alleged.

(3.) At the preliminary enquiry stage three witnesses were examined for the prosecution. After framing charge, PWs 1 and 3 were recalled for cross-examination. It is stated that PW2 did not turn up for cross-examination in spite of sending repeated process. At the time of framing charge and also when examined under Section 313 Cr.P.C., the respondent pleaded innocent. After hearing counsel on both sides, by the impugned judgment, the learned Magistrate found the respondent, the second accused, not guilty and acquitted on twin considerations, that the prosecution did not produce the notification under Section 19 of the Forest Act and that the sandalwood pieces, which were allegedly seized from the place of occurrence, were not produced before court. In order to support the first ground the court relied on the decision in Antony v. Forest Range Officer,1977 KerLT 691 and in support of the latter ground the court relied on the decision reported in State of Kerala v. Ancy Philip , 2006 1 KerLT 699.