ISMAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners are accused Nos. 1 to 3 in Crl. Appeal No. 110/2000 on the files of the Additional District and Sessions Court (Ad-hoc) I, Pathanamthitta. (for short 'the Appellate Court').

(2.) All of them were found guilty by Judicial First Class Magistrate Court II, Pathanamthitta (for short 'the Trial Court') for offences punishable under Section 27(1)(c), (iii) and (iv) of Kerala Forest Act (for short 'the Act') and convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default, to undergo simple imprisonment for one month. The Appellate Court dismissed Crl. Appeal No. 110/2000 filed by the aggrieved accused and thereby confirmed the finding of guilt of them for the offences and the order of conviction and sentence imposed by the Trial Court. Aggrieved by that the accused are now before this Court in the captioned revision seeking to set it aside.

(3.) A conspectus of the facts involved in the case being essential for arriving at a just decision in the revision petition is discussed hereinbelow. The case was originated based on a complaint lodged by the Deputy Ranger, Forest Station, Karipanthodu alleging commission of offences as aforesaid. The allegation in the complaint was that while the Forest Ranger alongwith his companion Foresters were on beat duty, they found the appellants moving through the reserve forest carrying bundle wooden logs of teak on their shoulders. They were intercepted and on questioning, told that wooden logs were cut from the trees standing in the Reserve Forest. The wooden logs were seized but they were not arrested. Occurrence Report was prepared in Form No. 1 and sent to the Court. Investigation commenced and when concluded, Final Report in Form No. 11 was laid before Trial Court.