SARASIJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners herein are the four accused in C.C.No.340/2000 of the Judicial First Class Magistrate Court, Ranny. They faced prosecution in the court below under Sections 27 (I) e (iii) and 27 (I) e (iv) of the Kerala Forest Act (for short, 'the Act') , on the allegation that some four days prior to 3.2.1998, they trespassed into the Government Forest within the Goodrical Forest Range of Konni reserve, cut two precious teak trees, sawed the logs into pieces, and tried to remove the pieces from the forest on 3.2.1998. The offence was detected by the Section Forester and the Forest Guards on beat duty within the reserve. They seized the logs as per a mahazar, and produced the materials, including the mahazar before the higher authorities. After verification of the facts, a Form I report was sent to the court, and after investigation, the Forest Range Officer filed final report. All the four accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them.

(2.) The prosecution examined five witnesses, and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 weapons seized by the forest officials as per the detection mahazar were also identified during trial. All the accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., and projected a defence of total denial. The accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found all the accused guilty. On conviction, they were sentenced to undergo rigorous imprisonment for one year each, and to pay a fine of Rs. 1,000/- each under Sections 27 (I) e (iii) and 27 (I) e (iv) of the Act, by judgment dated 8.7.200 Aggrieved by the judgment of conviction, the accused approached the Court of Session, Pathanamthitta with Crl.A.No.272/200 In appeal, the learned Sessions Judge, Pathanamthitta confirmed the conviction and sentence, and accordingly, dismissed the appeal.