SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No. 291 of 1998 of the Judicial First Class Magistrate Court-II (Forest Offences) , Punalur. He and the second accused faced prosecution in the court below under Sections 27(1) (e) (iii) and 27(1) (e) (iv) of the Kerala Forest Act (for short "the Act") on the allegation that on 05.04.1998, they trespassed into the Government Forest within the Yeroor Reserve (Teak Plantation) of the Anchal Forest Range, and cut and removed a standing teak tree. The offence was detected by some Forest Guards during their usual beat duty. They found the stump of a teak tree on inspection, and accordingly, a mahazar was prepared by them. Later, during investigation, it is alleged, some teak pieces were seen at the homestead of the first accused. These pieces were taken into custody by the Forest Guards as per another mahazar, and the fact was reported at the Forest Station. Accordingly, a Form-I report was sent to the court. The Forest Range Officer took over investigation, and he submitted final report in court after investigation.

(2.) Both the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined 5 witnesses and proved Exts.P1 to P6 documents in the trial court.

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