ELDHOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the third accused in the case C.C.No.219/2017 on the file of the Court of the Judicial First Class Magistrate-II, Kothamangalam.

(2.) The offences alleged against the accused in the aforesaid case are under Sections 27(1)(e)(i) and (iv) of the Kerala Forest Act, 1961 and Sections 9 , 39 , 40 , 44 , 49 , 51(1) , 51(2) and 52 of the Wild Life (Protection) Act, 1972.

(3.) The prosecution case is as follows: Accused 1 to 6 had entered into a conspiracy with Accused No.7 to collect ivory by killing elephants. Accused Nos.13 and 14 provided guns for the aforesaid purpose to Accused 1 to 6. Accused 1 to 6 trespassed into the reserve forest and shot an elephant and killed it and removed the ivory weighing five kilograms and sold it to Accused 10 and 11. Accused 10 and 11 sold the ivory to Accused No.12. Accused No.12 entered into a conspiracy with accused No.29 and took a building on rent and collected raw ivory there and he made idols using the ivory with the help of Accused Nos.15, 22, 27 and 28. Accused No.12 sold the idols to Accused No.26 with the help of Accused No.25. The other accused in the case had engaged in the trade of ivory idols and assisted the main accused at various stages in committing the aforesaid acts.