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2015 Supreme(Ker) 1014

B.SUDHEENDRA KUMAR
JOSE UTHUPPAN – Appellant
Versus
FOREST RANGE OFFICER GOODRICKAL FOREST RANGE PATHANAMTHITTA DISTRICT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.V.SETHUNATH
For the Respondent: SRI. M.P. MADHAVANKUTTY, SRI. V.S. SREEJUITH

ORDER

The revision petitioners are the accused in C.C. No. 267 of 2010 on the files of the Court of the Judicial Magistrate of First Class, Ranni.

2. The trial court convicted the revision petitioners under Section 27 (1)(e)(v) of the Kerala Forest Act, 1961 (for short “the Act”) and sentenced them thereunder to simple imprisonment for one year each and a fine of Rs. 1000/- each with a default clause for simple imprisonment for one month each. The appeal filed against the said conviction and sentence was dismissed by the Addl. Sessions Court, Pathanamthitta as per judgment in Crl.Appeal No. 107 of 2013. Aggrieved by the said conviction and sentence, this revision petition has been filed.

3. Heard the learned counsel for the petitioners and the learned Special Government Pleader.

4. The prosecution allegation is that on 17-3-2010, the revision petitioners blasted stones from the land occupied by the first revision petitioner pending dis-reservation and thereby they caused a loss to the tune of Rs. 3000/- to the State.

5. Before the trial Court, PW1 to PW5 were examined and Exts. P1 to P5 were marked.

6. The learned counsel for the revision petitioners has argued that the prosecution has



















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