AJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner along with his co-accused (A2 to A4) was tried for offence under Section 27(1)(g) and 27(2)(c) of the Kerala Forest Act and sentenced to undergo simple imprisonment for four months each under Section 27(1)(g) and four months each under Section 27(2)(c) of the Kerala Forest Act and the sentences were ordered to run concurrently, vide order dated 23rd May, 1996 passed by the Judicial Magistrate of the First Class-I, Thodupuzha. In the appeal preferred against the order aforesaid by the petitioner the learned Sessions Judge, Thodupuzha vide order dated 24th September, 1998 modified the judgment and sentenced him to undergo simple imprisonment for two months each under Section 27(1)(g) and 27(2)(c) of the Kerala Forst Act and the sentences were ordered to run concurrently. It is against this order that the present revision has been filed.

(2.) The allegation against the petitioner was that he along with his co-accused on 15.12.1991 trespassed into the reserve Crl.R.P.No.188/1999 2 forest at Theeyeriyan Thayekudi bhagam in Chathamattam beat within the Mullaringadu Range and Thodupuzha Reserve and felled two teakwood trees costing Rs.2150/-, thereby causing a loss of Rs.2500/- to the Government.

(3.) The learned counsel appearing for the petitioner without joining issues on the merits of the case contends that the occurrence pertains to the year 1991 and in the manner aforesaid the petitioner has already suffered agony of a protracted trial spanned over a period of more than 15 years and at this distance of time he may not be sent to serve a jail term.