N.P. ASOKAN Vs. THE FOREST RANGE OFFICER

JUDGEMENT

(1.) THIS revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution for offences punishable, inter alia, under Section 27(1)(g) of the Kerala Forest Act. Trial court had found the petitioner/accused guilty of the offence punishable under Section 27(2)(c) of the Act also. But the appellate court had set aside the conviction under Section 27(2)(c) of the Forest Act. The petitioner faces a sentence of R.I for a period of one year and to pay a fine of Rs. 1,000/ - and in default to undergo R.I for a period of 3 months.

(2.) THE crux of the allegations against the petitioner is that he along with another was engaged in the act of sawing a tree which was felled in a reserve forest when PWs 1 and 2 were on routine patrol duty come across them at about 12 noon on 05.03.1987. PWs 1 and 2 allegedly attempted to apprehend the petitioner and the co -accused. But their attempt proved futile. They prepared Ext.P1 seizure mahazar which contains a narration of the sequence of events. They produced the same before PW3, their superior. He inspected the scene and verified the recitals in Ext.P1 mahazar and made Ext.P1(a) endorsement on the said mahazar on 06.03.1987. Enquiry was conducted by PW4, who filed complaint/charge sheet before the learned Magistrate. Cognizance was taken by the learned Magistrate. The accused denied the offence alleged against them. Thereupon the prosecution examined PWs 1 to 4 and proved Exts.P1, P1(a) and P2. Ext.P2 is the relevant notification to confirm that the forest within which the alleged act had taken place is a reserve forest.

(3.) THE courts below concurrently came to the conclusion that the prosecution has succeeded in establishing the allegations against the petitioner and that the said allegations when accepted establish an offence punishable under Section 27(1)(g) of the Kerala Forest Act. Accordingly they proceeded to pass the impugned concurrent verdicts of guilty, conviction and sentence.