LAWS(KER)-2018-5-286

UNNIKRISHNAN NAIR Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. AND OTHERS

Decided On May 23, 2018
UNNIKRISHNAN NAIR Appellant
V/S
State Of Kerala Represented By The Public Prosecutor, High Court Of Kerala, Ernakulam. And Others Respondents

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him in C.C. No.328/1999 of the Judicial First Class Magistrate Court-II, Pathanamthitta under Sections 27(1) (e), (iii) and (iv) of the Kerala Forest Act. He faced prosecution in the court below on the allegation that on 11.6.1999, he trespassed into the Government Reserved Forest within the Konni Forest Range, and cut a fallen tree into firewood pieces. The offence was detected by a team of forest guards. The prosecution case is that on seeing them, the accused ran off and escaped, but the axe used by him was seized along with the firewood pieces as per a mahazar. The forest guards reported the detection at the Forest Range Office, where a Form-I report was prepared and sent to court, and after investigation, the Forest Range Officer filed complaint in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him. The prosecution examined seven witnesses, and proved Exts.P1 to P4 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for one year each, and to pay a fine of Rs. 1,000/- each under the two counts. Aggrieved by the judgment of conviction dated 7.8.2003, the accused approached the Court of Session, Pathanamthitta with Crl.A. No.309/2003. In appeal, the learned Sessions Judge confirmed the conviction and sentence, and accordingly, dismissed the appeal.