JUDGMENT

P Sathasivam, J.— Leave granted.

2. This appeal is directed against the final judgment and order dated 02.12.2005 passed by the High Court of Kerala at Ernakulam in C.R.P. No. 1587 of 1999 whereby the High Court while affirming the order dated 04.12.1998 of the District Judge, Thrissur in C.M.A. No. 16 of 1997 dismissed the revision petition filed by the State of Kerala, the appellant herein.

3. Brief facts:

(a) According to the prosecution, a case was registered as C.R. No. 5 of 1990 in Vazhachal Range in Vazhachal Forest Division of Kerala on the allegation of illicit killing of a wild elephant. During the course of investigation, three persons, viz., Nelladan George, Madhura Johny and Chirayath Jose were taken into custody and questioned. On 01.04.1991, Nelladan George and Madhura Johny gave statements before the Divisional Forest Officer, Chalakudy and Chirayath Jose had given statement before the Range Officer, Flying Squad, Thrissur. While questioning, they admitted having gone to Vazhikadavu and shot dead wild tuskers about six months back. In the statement given by Madhura Johny, he admitted that about seven months back he along with four others, namely, Nellada