IN RE: MUTHUSWAMI Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision ease filed against the conviction and sentence of the learned Additional First Class Magistrate of Pudukottai in C. C. No. 154 of 1954 and confirmed by the learned Additional Sessions Judge of Tiruchirapalli Division in C. A. No. 397 of 1954.

(2.) THE case for the prosecution as established by the five witnesses examined by them was as follows : P. Ws. 1 and 3 are the forest guard and watcher of Tiruvarangulam reserve forest. Their evidence is that on 21 -5 -1954 while patrolling the forest in Milakaranai block No. 5 beat at about 5 -30 p.m. they heard a gun shot noise, that they went towards the spot, that seeing the hoof mark's of a deer they waited there for some time behind a bush, that they saw the accused tracking the hoof marks of the deer holding a gun in his hand, that they immediately caught him and snatched the gun from him and that when P. W. 1 made preparations to record a statement from the accused the latter took to his heels disappeared among the bushes leaving the gun with them.

(3.) BOTH the lower courts came to the conclusion that on this evidence the prosecution has brought home the offence beyond reasonable doubt to the accused and convicted and sentenced him. Hence this criminal revision case.