REJIMON Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.2 to 4 in C.C No.112/2000 of the Judicial First Class Magistrate Court-I, Thodupuzha. The case against the 5th accused was split up and refiled when he absconded from legal process.

(2.) The prosecution case is that on 22.12.1997, the five accused trespassed into the Government reserve forest (settled) and tried to cut and remove two Anjili trees, thereby causing a loss of 5000/- to the Government. The accused Nos.1 to 4 pleaded not guilty to the charge framed against them in the trial court and they claimed to be tried. 2. The prosecution examined five witnesses and proved Exts.P1 to P4 documents in the trial court. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused Nos.1 to 4 guilty under Section 27 (1)(e) (iii) of the Kerala Forest Act. On conviction, they were sentenced to undergo simple imprisonment for one year and to pay a fine of 2000/- each by judgment dated 14.3.2003. Aggrieved by the judgment of conviction, the accused Nos.1 to 4 approached the Court of Session with Crl.A No.105/2003. In appeal, the learned Additional Sessions Judge confirmed the conviction and sentence and accordingly dismissed the appeal by judgment dated 3.7.2004.