NAZEER Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST accused in C.C. 520/1997 on the file of the Judicial First Class Magistrate Court -II (Special Court for Forest Offences), Punaloor, is the revision petitioner herein. The revision petitioner along with two others were charge -sheeted by the Forest Range Officer, Pathanapuram forest range, in O.R. No. 16/1997 under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act.

(2.) THE case of the prosecution in nut shell was that, two or three days prior to 28.08.1997, accused persons trespassed into the forest area and cut rose wood trees from the reserve forest area in Nedumpara motta bhagam and on 28.08.1997 they were found carrying logs of rose wood tree from the reserve forest and thereby they have committed the offence punishable under Section 27(1)(e)(iii) and (iv) of the Kerala Forest Act. After filing the form -I report and enquiry, form 2 complaint was filed by PW 4. After formal enquiry, the case was taken on file as C.C. 520/1997 and after the appearance of the accused, PW 1 was examined and Exts. P1 to P5 were marked. Thereafter, charge under Section 27(1)(e)(iii) and (iv) of Kerala Forest Act was framed and the same was read over and explained to them and they pleaded not guilty. During pendency of the proceedings, 2nd accused absconded and the revision petitioner and third accused alone were proceeded with. In order to prove the case of the prosecution, PWs 1 to 3 were recalled and further examined and PWs 4 and 5 were examined and Exts. P1 to P5 and MO 1 were marked on the side of the prosecution. After closure of the prosecution evidence, the revision petitioner and third accused were questioned under Section 313 of the Code of Criminal Procedure and they denied all the incriminating circumstances brought against them in the prosecution evidence. They have further stated that, they have not committed any offence and they have been falsely implicated in the case and they have been arrested from their house. No defense evidence was adduced on their side.

(3.) HEARD Shri Vinod Kumar, counsel appearing for the revision petitioner and Shri M.P. Madhavankutty, Special Government Pleader for Forest and perused the records.