JOHNSON S/O KURIAN Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) The revision petitioners herein are the accused Nos.1 to 3 in C.C. No.360/2003 of the Judicial First Class Magistrate CourtII, Mananthavady. They and three others faced prosecution in the court below on the allegation that on 12.11.2002, they trespassed into the Government Reserved Forest within the Begur Forest Range, Wayanad District, and cut and removed some trees. The detection was made by a team of forest officials, and on detection, they prepared a mahazar. They claimed to have seen somebody running from the forest, but, nobody was arrested by them. On the basis of the mahazar prepared by them, a Form-I report was sent by the Forest Range Officer to the court, and after investigation, the Forest Range Officer submitted final report in court against six accused. All the six 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 P8 documents in the trial court. All the accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. In defence, they examined one witness, and also proved Exts.D1 and D2 documents.

(3.) On an appreciation of the evidence, the trial court found the accused Nos.4 to 6 not guilty of any of the offences, and accordingly, they were acquitted. But the accused Nos.1 to 3 were found guilty by the trial court. On conviction, they were sentenced to undergo simple imprisonment for one year each, and to pay a fine of Rs.1, 000/- each. Aggrieved by the judgment of conviction dated 31.2005, the accused approached the Court of Session, Wayanad with Crl.A. No.101/2005. In appeal, the learned Additional Sessions Judge (Adhoc)-II, Kalpetta confirmed the conviction and sentence, and accordingly, dismissed the appeal. Now, they are before this Court in revision, challenging the legality and propriety of the conviction and sentence.