RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the four accused in C.C No. 451/1999 of the Judicial I Class Magistrate Court, Ranny. They faced prosecution in the court below on the allegation that on 10.1.1999 and on the previous day, they trespassed into the Government Reserve Forest within the Palappally Forest Station and cut and removed two trees for firewood. The offence was detected by the Forestor of the Palappally Forest Station, accompanied by some Forest Guards. They arrested the accused on the spot and seized the logs along with some weapons like an axe and a sword. On the basis of the arrest and seizure, a Form I report was sent to Court, and after necessary investigation, the Deputy Forest Range Officer filed final report in court .

(2.) The four accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them under Sec. 27 (1)e (iii) and (iv) of the Kerala Forest Act (for short "the Act"). The prosecution examined four witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 weapons were also identified during trial. The accused denied the incriminating circumstances when examined under Sec. 313 Crimial P.C., 1973 They did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found all the four accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for one year each and to pay a fine of 1000.00 each under the two sections. Aggrieved by the judgment of conviction dated 9.7.2002, all the four accused approached the Court of Session, Pathanamthitta with Crl.A No. 178/2002. In appeal, the learned Additional Sessions Judge (Adhoc-I), Pathanamthitta confirmed the conviction and sentence and accordingly dismissed the appeal. Now the accused are before this Court in revision challenging the legality and propriety of the conviction and sentence.