SASIDHARAN Vs. THE ASSISTANT WILD LIFE WARDEN

JUDGEMENT

(1.) ACCUSED 1, 2 and 7 in C.C. No. 38/1994 on the file of the Judicial First Class Magistrate Court, Sulthan Bathery are the revision petitioners. They were charged with offences punishable under Section 27(1)(e)(iv) of the Kerala Forest Act, 1961 and Sections 29(1), 31 and 32 r/w Section 51 of the Wild Life (Protection) Act, 1972 After trial, they were convicted under Sections 27(1)(e)(iv) of the Kerala Forest Act and acquitted under Section 51 of the Kerala Wild Life Protection Act. That conviction and sentence was challenged in Criminal Appeal No. 37/1999 before the Additional Sessions Judge, Kalpetta. After considering the evidence threadbare, the learned Additional Sessions Judge confirmed the conviction and reduced the sentence. Not satisfied with the judgment of the lower appellate court, the petitioners have come up before this Court in revision.

(2.) HEARD Sri. Anoop, learned counsel for the revision petitioners and Sri. N. Suresh, learned Public Prosecutor.

(3.) I have carefully gone through the judgments of the courts below. Trial court relied on the oral evidence of PW's 1 and 3 and Exts. P1 to P6 to find guilt of the petitioners. PW 1 was a Forest Guard. PW 3 was a Forester. PW 2 was examined in chief. In spite of repeated opportunities given by the trial court, he did not turn up for cross examination. Since the prosecution did not show any valid reason for his absence, the court below rightly eschewed his evidence from consideration.