LAWS(KER)-2019-3-221

M.K.SURESH KUMAR Vs. STATE OF KERALA

Decided On March 14, 2019
M.K.Suresh Kumar Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These three appeals have arisen out of the judgment of conviction in C.C 11/2001 of the Special Court (Vigilance), Thrissur. Five accused including three public servants faced trial before the learned trial Judge in the said case. The 2nd accused is the appellant in Crl.A No.1917/2007, the accused Nos.1 and 5 are the appellants in Crl.A No.1936/2007 and the 3rd accused is the appellant in Crl.A No. 1934/2007. The 4th accused died after the judgment of conviction.

(2.) The prosecution relates to the misappropriation of the timber allotted by the Forest Department for the construction of houses for the houseless tribals of the Elamblassery Tribal Settlement within the Edamalayar Forest Range under a Government scheme for providing financial aid and assistance to the members of and connected cases scheduled tribe during 1994. The 1st accused was the Tribal Extension officer of the Edamalayar area, the 2nd accused was the then Forest Range Officer of the Nelliampathy Range and the 5th accused was the Project Officer of the Integrated Tribal Development Project, Idukki. Under the Government scheme providing financial and other aid to the members of scheduled tribe, some quantity of timber was allotted to different beneficiaries from the Forest Department and necessary orders were issued by the Divisional Forest Officer, Munnar. The 3rd accused accused is one of the beneficiaries selected for the said aid as a member of scheduled tribe. The 4th accused was an aide of the 3rd accused.

(3.) The prosecution case is that instead of providing financial aid in cash to the members of the scheduled tribe selected as beneficiaries, some timber or wooden logs were and connected cases allotted to the beneficiaries as per the order of the Divisional Forest Officer, the accused Nos.1,2, and 5 handed over the quantity of unauthorisedly and they were allowed to remove the logs from the forest area on behalf of the accordingly took the entire logs to a sawmill at Perumbavoor where it was sawn as required by them, but without supplying the timber to converted the timber to their own use and thus appropriated the value of the timber as part of the criminal design hatched with the accused Nos.1,2 and 5.