VENKITACHALAM AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos. 2 and 3 in C.C. No. 199/1998 of Judicial First Class Magistrate Court, Devikulam are the revision petitioners herein. The accused were charge sheeted by the Range Officer, Marayoor Forest Range in O.R. No. 15/1995 under Section 27(1)e(iii) and (iv) of Kerala Forest Act.

(2.) The case of the prosecution in nutshell was that, two days prior to 24.10.1995, the accused persons trespassed into No. 2 Nachivayal Sandal Wood Reserve and cut a sandal wood tree and on 24.10.1995 at about 3.pm., they were found in the reserve forest area and removing the three pieces of cut sandal wood without any authorisation and thereby, they have committed the above said offences.

(3.) After investigation, Form II complaint was filed, on the basis of which, the case was taken on file by Judicial First Class Magistrate, Devikulam as C.C. No. 199/1998. After appearance of accused, P.W. 1 was examined and Exts. P1 to P3 and MO1 were marked and 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. Thereafter, P.W. 1 was recalled and further examined and PWs 2 to 5 and Ext. P1(a) and MOs 1 and 2 were marked. After closure of the prosecution evidence, accused were questioned under Section 313 of Code of Criminal Procedure, but, 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 arrested from their houses and thereafter falsely implicated in the case. No defence evidence was adduced on their side to prove their case.