SAKEER HUSSAIN Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) Accused Nos. 3 to 8 in C.C. No. 107/91 on the file of the Judicial First Class Magistrates Court, Perinthalmanna are the revision petitioners. Crl.R.P. 523/93 is filed against the judgment passed by the Sessions Court, Manjeri in Crl.A. No. 159/91 dated 18.6.93. Crl.R.P. 525/93 is filed against the order in Crl.R.P. No. 170/91 of the same date, passed by the same court.

(2.) Nine accused persons including the revision petitioners stood trial before the Judicial First Class Magistrates Court, Perinthalmanna for the offences punishable under S.27(2)(c) of the Kerala Forest Act and S.9(2), 50(1)(c) and 51 of the Wild Life (Protection) Act on the basis of the complaint filed by the Forest Range Officer, Thenkara Special Range.

(3.) The allegation made was that the accused on 31.1.1989 in the midnight trespassed upon the vested forest at Uppukulam of Edathattukara Beat in Kottopadam Section, shot and killed two axis deer (Iqcam³) and captured one slender loris (Ip«ntXhm¦v) and thereby committed the offences alleged against them. During me trial of the case accused 1 and 2 absconded and the case against them was split up and re-filed as C.C. 189/91 and proceeded with the trial against accused 3 to 9. After trial the Trial Court found the 9th accused not guilty, acquitted him and set him at liberty and also found the the accused 3 to 8 guilty of the offences punishable under S.9(2) and 50(1)(c) r/w 51 of the Wild Life (Protection) Act, convicted and sentenced them to undergo R.1. for six months each and to pay fine of Rs. 1000/- each in default of payment to undergo S.I. for three months each and found them not guilty of the offence punishable under S.27(2)(c) of the Kerala Forest Act and acquitted them on that count by judgment dated 14.11.1991.