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1975 Supreme(Ker) 198

P.JANAKI AMMA
STATE OF KERALA – Appellant
Versus
ADICHAN SASI – Respondent


Judgment :-

1. The respondent was charged with offences under S.27(2)(c) and (d) of the Kerala Forest Act. The case against him is that on 26th November, 1971 he trespassed along with two other persons into the Teak Plantation in the Reserve Forest at Ayiranalloor, cut down six teak trees and attempted to remove the poles. The poles would have fetched Rs. 30/- in the locality. The forest guards obstructed them. After investigation, the three persons were charged with the offences already mentioned. Since two of them pleaded guilty and were convicted, the case against the respondent was, refiled as C.C. 461 of 1974 of the Judicial Magistrate of the 1st class, Punalur. The respondent who pleaded not guilty was acquitted after trial. The appeal is filed against the order of acquittal.

2. The prosecution examined 4 witnesses. All of them are employees of the Forest Department. P. Ws 1 and 2, guards of the Ayiranalloor ward of the Anchal Forest Range were on patrol duty on 26 -11-1971. They found the three persons including the respondent carrying the teak-wood posts. P.Ws.1 and 2 stopped them and seized the teak posts under a mahazar, Ext. P1. Both the above witnesses speak to the above











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