AYYAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in B.A.No.2086/07 is the first accused and the petitioners in B.A.No.2088/07 are accused Nos.2 and 5 in O.R.No.5/07 of Karuvarakundu Forest Station for offences punishable under sections 27(1)(e)(iv)III of Kerala Forest Act and under section 2(16), 36, 9, 39 and 51 of the Kerala Wild Life Protection Act.

(2.) Learned Public Prosecutor opposed these applications submitting, inter alia, that the first accused is an accused in another crime involving similar offences.

(3.) The case of the prosecution is that on 14.3.07 at about 1.45 a.m. the petitioners had trespassed into the UFC item No.12 of Nellikkara Erankole Malavaram within the limits of Karuvarakundu Forest Station and had hunted and killed a Malan(Sambar Deer) and shared the meat among themselves.