SAJEEVU Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) Revision petitioners were convicted by the Trial Court under S.27(1)(e)(iii) and (iv) of the Kerala Forest Act and sentenced to undergo simple imprisonment for different periods and also directed to pay fine under the aforesaid sections. The substantive sentences were ordered to run concurrently. An appeal filed was partly allowed by the Sessions Court, Thodupuzha confirming the conviction passed under S.27(1)(e)(iv) by the Trial Court and set aside the conviction under S.27(1)(e)(iii) and modified the sentence. Challenging the said judgments this criminal revision petition has been preferred.

(2.) The prosecution allegation is that on 22/11/1993 and within three days prior to that day, the accused trespassed into the reserve forest at Chandanakanam, Keeriplavu beat, Thodupuzha range and they cut and felled a dead Vellakil tree and attempted to remove the same in pieces, thereby causing a loss of Rs.1,650/- to the Government. Thus, the accused committed the offences under S.27(1)(e)(iii) and (iv) of the Kerala Forest Act.

(3.) To prove the case, PWs 1 to 3 were examined by the prosecution and Exts. P1 to P3 and MO 1 were admitted in evidence. The incriminating circumstances brought out in evidence were denied by them, when they were questioned under S.313 CrPC. The Trial Court convicted the accused and sentenced to undergo simple imprisonment for one year each and a fine of Rs.1000/- each in default of which simple imprisonment for one month each under S.27(1)(e)(iii) KF Act. and accused were further sentenced to undergo simple imprisonment for one year each and fine of Rs.1000/- each in default of which simple imprisonment for one month each under S.27(1)(e)(iv) KF Act. Sentence of imprisonment were directed to be run concurrently. Aggrieved by that, they preferred appeal No. 82/1999 before the Sessions Judge, where the conviction and sentence passed by the Trial Court under S.27(1)(e)(iii) of the Kerala Forest Act was set aside and confirmed the conviction under S.27(1)(e)(iv) of the Kerala Forest Act. Aggrieved by that order, they preferred this Criminal Revision Petition.