KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a revision against conviction brought by the accused Nos.4 to 6, 8 and 9 in C.C. No.45 of 1998 of the Judicial First Class Magistrate Court-I, Palakkad. They faced prosecution before the court below on a complaint made by the Forest Range Officer, Walayar, against nine persons, including them. The case of the complainant in the said complaint is that on 08.03.1995 and some days prior to that, all the nine accused trespassed into the Government Forest within the Walayar Forest Range, and cut and removed 148 standing trees including Teak, Maruth etc. Pending the prosecution in the trial court, the 7th accused died, and the charge against him thus abated. When the accused Nos. 1 to 3 absconded during trial, the case against them was split up and refiled as C.C. No. 402 of 2001.

(2.) The accused Nos. 4 to 6, 8 and 9 faced trial, and they pleaded not guilty to the charge framed against them by the trial court under Sections 27(1) (d) and 21(1) (e) (iii) and (iv) of the Kerala Forest Act (for short "the Act") . The prosecution examined five witnesses, and proved Exts.P1 to P15 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. They did not adduce any evidence in defence.