SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No. 410 of 1998 of the Judicial First Class Magistrate Court-II, Punalur. He and the second accused 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 on 25.05.1998, they trespassed into the Government Reserve Forest within the Anchal Range, and sawed the log of a fallen Thenpavu tree into pieces with the object of removing the pieces from the forest. The offence was detected by three Forest Guards during their usual beat duty, and according to the prosecution, the accused were arrested on the spot by the Forest Guards. The arrest and the seizure was reported to the Forest Range Officer. The Forest Range Officer conducted investigation, and submitted final report in court.

(2.) The two accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined five witnesses, and proved Exts. P1 to P5 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. They also examined two witnesses in defence.