STATE OF KERALA Vs. ADICHAN SASI

JUDGEMENT

(1.) The respondent was charged with offences under S.27(2)(c) and (d) of the Kerala Forest Act. The case against him is that on 26th November, 1971 he trespassed along with two other persons into the Teak Plantation in the Reserve Forest at Ayiranalloor, cut down six teak trees and attempted to remove the poles. The poles would have fetched Rs. 30/- in the locality. The forest guards obstructed them. After investigation, the three persons were charged with the offences already mentioned. Since two of them pleaded guilty and were convicted, the case against the respondent was, refiled as CC 461 of 1974 of the Judicial Magistrate of the 1st class, Punalur. The respondent who pleaded not guilty was acquitted after trial. The appeal is filed against the order of acquittal.

(2.) The prosecution examined 4 witnesses. All of them are employees of the Forest Department. P. Ws 1 and 2, guards of the Ayiranalloor ward of the Anchal Forest Range were on patrol duty on 26-11-1971. They found the three persons including the respondent carrying the teak wood posts. PWs 1 and 2 stopped them and seized the teak posts under a mahazar, Ext. P1. Both the above witnesses speak to the above facts. P.W 2 claims that he knew the respondent for 6 or 7 years prior to the occurrence. P.W.3 is a Section Forester of the Anchal Range. The mahazar prepared by PWs 1 and 2 was sent to this witness. He inspected the scene and checked the seized articles. These witnesses have been cross examined on behalf of the respondent. Eventhough the respondent denied the allegations put forward, there are no reasons made out for discrediting the testimony of PWs 1 and 2 that they saw the respondent carrying teak wood poles. There is, however, no evidence to show that he himself cut any tree or from where the poles were taken. The contention put forward on behalf of the State is that the place where the respondent was found carrying the teak poles was a Reserved Forest. This is challenged.

(3.) Under S.3 of the Kerala Forest Act, the Government may constitute any land at the disposal of the Government a Reserved Forest in the manner provided under the Act. Under S.4, whenever it is proposed to constitute any land a Reserved Forest, the Government should publish a notification in the Gazette specifying as nearly as possible, the situation and limits of such land and declaring that it is proposed to constitute such land as Reserved Forest. S.6 mentions the mode of publication of the notification under S.4. Thereafter an enquiry is to be held for deciding claims and objections. S.19 of the Act provides for a final notification declaring forests reserved. This notification is to be published in the Gazette specifying the limits of the forests which it is intended to reserve and declaring the name to be reserved from a date to be fixed by such notification. Copies of the notification are to be published at the headquarters of each taluk in which any portion of the land included in such notification is situate and in every town, village and headquarters of Panchayats in the neighbourhood of such land. From the date so fixed, the forest shall be deemed to be a Reserved Forest. S.21 confers on the Government the power to redefine the limits of Reserved Forests in certain cases. Under S.27(2)(c) and (d) any person who trespasses a Reserved Forest or fells or removes any tree therefrom the value of which does not exceed one hundred rupees would be punished with imprisonment for a term which may extend to three years or with fine which may extend to one thousand rupees or with both.