1. The fourth accused in C. C. No. 13 of 1972 on the file of the Judicial Magistrate of I Class, Kalpetta, who has been convicted for offences punishable under S.27 (2) (c) and 27 (1)(g) of the Kerala Forest Act and sentenced to pay a fine of Rs. 300/-in default to undergo simple imprisonment for two months on the first count and to undergo simple imprisonment till the rising of the court and to pay a fine of Rs. 700/-in default to undergo simple imprisonment for six months on the second count, is the petitioner. On appeal, the convictions and sentences passed against the petitioner were confirmed.

2. The case against the petitioner is that at about a. m. on the night of January 18, 1972, he along with six others trespassed into the Kuppadi reserved forest within the Battery Forest Range and cut a rosewood tree and thereby caused loss of Rs. 4000/ to the Government.

3. The petitioner denied the commission of any offence as alleged and pleaded not guilty.

4. The main contention raised before the courts below and this Court on behalf of the petitioner was that the prosecution has failed to prove that the scene of offence is an area forming part of a reserved forest. It is se