GOPALAKRISHNAN Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) Accused in C.C. No. 39/92 on the file of Judicial First Class Magistrate's Court (Forest Offences), Manjeri are the petitioners. They were charge-sheeted for offences punishable under Sections 27(1)(g) and 27(2)(c) of the Kerala Forest Act in OR 139/87 of Edavanna Forest Range, on the allegation that on 08.08.1987 they trespassed into the Government forest at Alakkal side in 1978 teak plantation under the Edacode North section and illicitly felled teak trees and they were found removing bark of the trees causing a loss of Rs. 175/- to the Government.

(2.) After trial and considering the evidence adduced in the case which consisted of oral evidence of PWs 1 to 3 and documentary evidence Exhibits P1 and P2, the learned Magistrate found the accused guilty of offences punishable under Sections 27(1)(g) and 27(2)(c) of the Kerala Forest Act; convicted them thereunder and sentenced them to undergo simple imprisonment for one month each and to pay a fine of Rs. 300/- each and in default to undergo simple imprisonment for a further term of one month each under Section 27(1)(g) and to pay a fine of Rs. 100/- each and in default to undergo simple imprisonment for a term of one month each under Section 27(2)(c) of the Act. Crl. Appeal No. 9/1994 filed by them before the Sessions Court, Manjeri was dismissed confirming the conviction and sentence so passed against them. Hence this revision.

(3.) It is contended before me by the learned counsel for the petitioners that, there is no proper identification of the accused except mentioning in the deposition by PW1 making reference to the accused without mentioning their names. All the same it is worthy to note that, there was no cross-examination impeaching the testimony of PW1 as regards improper identification of the accused. Even in Exhibit P1 mahazar, the names of the accused with their details are mentioned, and that shows that PW1 was acquainted with all accused even prior to the occurrence and there was no mistaken identity of the accused.