SURESH Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM AND OTHER

JUDGEMENT

(1.) The revision petitioner herein is the 4th accused in C.C. No. 99 of 1998 of the Judicial First Class Magistrate Court, Ranny. He and three others faced prosecution in the court below under Sections 27(1)(e)(iii) and 27(1)(e)(iv) of the Kerala Forest Act on the allegation that on 12.09.1996, they trespassed into the Government Reserve Forest within the Plappally Forest Range, and tried to remove some logs of trees. The offence was detected by a team led by the Section Forester accompanied by the Forest Guards. The prosecution case is that they intercepted the four accused, seized the logs, and also seized an axe from the possession of the accused. On the basis of the mahazar prepared by the detecting officer, a Form-I report was submitted to court, and after investigation, the Forest Range Officer submitted complaint in court.

(2.) All the four accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined four witnesses, and proved Exts. P1 to P3 documents in the trial court.

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