IN RE: KUTTIYAPPAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is a revision against the order of the Assistant Sessions, Judge. Tirupattur, North Arcot, passed in Criminal Appeal No. 459 of 1977, confirming the conviction under S. 26(a) of the Tamil Nadu Forest Act and sentence of fine of Rs. 25 passed by the Judicial Second Class Magistrate, Vaniyambadi on the Petitioners.

(2.) The prosecution has examined three witnesses to prove the case against the petitioners. P. W. 3, Narayanaswamy, Guard, while on duty on 19th November, 1976 saw ten persons clearing the ground by taking away the surrounding shrubs in the Nekhamalai Reserved Forest. He accosted them pointing out that they had encroached upon the forest reserve land. As they did not desist from their activities, he sent a report to P W.2, Forest Range Officer. P.W.2 in turn asked P.W. 1, forester, to go to the spot on 23rd November, 1976 to verify the report of P.W.3. On 23rd November, 1976 P.W.I, along with others went to the concerned land at about 11 a.m. and found the petitioner engaged in clearing the land with agricultural implements. P.W.I seized the implements and the petitioners gave a statement, Ex P7, admitting their encroachment on the forest reserve land. Latter, they were sent to court for necessary action. A case was filed against the petitioners for an offence under S. 26(a) of the Tamil Nadu Forest Act before the learned Judicial Second Class Magistrate.

(3.) The defence of the petitioners was that they did not commit any offence. They examined four, witnesses on their behalf to show that the land was in the possession of the Revenue Department on the date of occurrence and there were even proposals to hand over the land to the Panchayat for distributing it to the landless poor. As such it should not be construed that the petitioners encroached upon the forest reserve land and committed the offence. It was also submitted that the forest was not declared as a 'Reserve Forest' and as such no offence has been made out as alleged.