ANDIAPPAN Vs. STATE

JUDGEMENT

(1.) The accused in C.C. No. 718 of 1981 has preferred this revision challenging the legality and correctness of the conviction under S.21(d) and (f) of the Tamil Nadu Forest Act, hereinafter referred to as the Act, passed by the Judicial First Class Magistrate-II, Salem and confirmed by the learned Sessions Judge, Salem Division Salem.

(2.) The brief facts of the case which are necessary for disposal of the revision are as follows:- On 18th June, 1981 at about 4.30 P.M., the petitioners 1 to 7 along with two others were alleged to have trespassed into the Kadukaipatti Rang, Nerunjipati Beat at Palamalai Reserved Forest and cut the trunk portion of the sandalwood trees, which were already uprooted as they were withered and cut them into pieces and carried on their heads. P.W. 1 the Forester and P.W. 2 the Forest Guard and the party apprehended them and the accused 8 and 9 escaped and they could not be apprehended. They seized the headload from these accused and they were marked as M.Os. 1, 3, 5, 7, 9, 11 and 13, the koduvals which they used for cutting the trunks of the trees were also recovered, their statements were also recorded under Exs. P1 to P7 and P8 is the memo for the seizure of the above items. Thereafter, the charge-sheet of the accused was filed before the trial Court. Ex. P9 is the typed copy of the Government Gazette and Ex. P10 is the sample sketch of the said place.

(3.) The accused examined five witnesses on their side, viz., D.Ws. 1 to 5, whose evidence is to the effect that all these accused were taken from their respective houses and this case has been foisted and they were not arrested at the forest as alleged.