GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C. No. 88 of 1996 of the Judicial First Class Magistrate Court, Chalakkudy. The case against the second accused stands split up and refiled as C.C. No. 1259 of 2001. The revision petitioner faced prosecution in the court below on the allegation that on 02.08.1993, he and the second accused trespassed into the Government Reserve Forest within the karikkadavu Forest Range, and cut and removed a teak tree. The offence was detected by a Forest Guard of the Range. The prosecution case is that during the usual beat duty, the team of forest officials led by the said Guard saw the two accused carrying logs of teak at the forest. They intercepted the accused, seized the logs as per a mahazar along with a saw found in the possession of the accused, and the fact of detection reported to the Forest Station. The Section Forester verified things, and sent a Form-I report to court. After investigation, the Forest Range Officer submitted final report against the accused.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under Section 27(I)(e)(iii) and (iv) of the Kerala Forest Act (for short "the Act"). The prosecution examined three witnesses, and proved Exts.P1 to P3 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. He did not adduce any evidence in defence.