GEORGE Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.282/2001 on the file of the Judicial First Class Magistrate Court, Wadakkanchery and the appellant in Crl.Appeal No.969/2005 on the file of the Additional Sessions Court, Fast Track-I, Thrissur. The offence alleged against the accused is punishable under Section 379 of the Indian Penal Code (hereinafter referred to as 'the IPC').

(2.) The prosecution case in brief is as hereunder:- On 06.06.2001 in the morning, PW5-the Sub Inspector of Police, Cheruthuruthy Police Station received reliable information that river sand was being stolen from the Painkulam kadavu of Bharathapuzha river. Consequently, PW5 and his party immediately rushed to the said kadavu. On reaching the spot at 7.30 am., PW5 saw the accused removing sand from the kadavu and loading them on the board of a lorry bearing registration No.TN 51-2-0216. On seeing the police party, the accused attempted to run away from the scene of occurrence. PW5 caught hold of the accused and questioned him. The accused was not able to produce any document authorising him to remove sand from the kadavu which is vested in the Grama Panchayat. The Sub Inspector arrested the accused and seized the lorry as per Ext.P1 seizure mahazar and on reaching the police station, registered the case against the accused as Crime No.131/2002 of Cheruthuruthy Police Station for the offence punishable under Section 379 of the IPC.

(3.) On the appearance of the accused before the trial court, after having heard both sides, charge under Section 379 of the IPC was framed and the charge was read over to the accused to which he pleaded not guilty.