SUKUMARAN Vs. STATE

JUDGEMENT

(1.) APPELLANT was convicted in S.C.No.342 of 2004 for the offence under Sections 302 and 203 IPC, Section 36-A and E of the Tamil Nadu Forest Act and Section 3 read with Section 25(1-B)(a) of Arms Act, for which he was sentenced to undergo life imprisonment with a fine of Rs.2,000/-, in default to undergo three months rigorous imprisonment rigorous imprisonment for two years with a fine of Rs.500/-, in default to undergo three months simple imprisonment rigorous imprisonment for two years with a fine of Rs.7,500/-, in default to undergo three months simple imprisonment and rigorous imprisonment for two years with a fine of Rs.500/-, in default to undergo three months simple imprisonment, respectively. Therefore, he is before this Court in this appeal.

(2.) ACCORDING to the prosecution the occurrence took place at about 6.30 a.m. on 5.6.1988. Their case is, the appellant/A1, Forest Range Officer, while he was going in the jeep driven by one Chinnakolandai/A2, in the Kattampatti Road, near Dharmapuri-Pennagaram Road, opened fire from his DBBL gun on the driver Basha, who was driving the lorry bearing Registration No.ADA 4869, by intercepting the lorry, and then, he loaded 64 sandalwood logs weighing 276 kgs and kept a SPML country gun in order to make it appear that the driver of the lorry was smuggling the same without valid authority and also lodged a complaint at about 11 am in that regard. To prove their case, the prosecution examined P.Ws.1 to 16 besides marking Exs.P1 to P23 and M.Os.1 to 15. The defence had examined D.W.1.

(3.) THE learned trial judge, on perusal of the materials, oral and documentary and after hearing both sides, convicted and sentenced the appellant/1st accused as aforementioned and acquitted the 2nd accused. Hence, the present appeal by the 1st accused.