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2018 Supreme(Ker) 432

P.UBAID
RAJAN, S/O. PARAMESWARAN NAIR – Appellant
Versus
STATE OF KERALA PUBLIC PROSECUTOR, PATHANAMTHITTA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Philip Mathews, Adv.
For the Respondent: K. Sandesh Raja, Adv.

ORDER :

The revision petitioners herein are the four accused in C.C.No.451/1999 of the Judicial I Class Magistrate Court, Ranny. They faced prosecution in the court below on the allegation that on 10.1.1999 and on the previous day, they trespassed into the Government Reserve Forest within the Palappally Forest Station and cut and removed two trees for firewood. The offence was detected by the Forestor of the Palappally Forest Station, accompanied by some Forest Guards. They arrested the accused on the spot and seized the logs along with some weapons like an axe and a sword. On the basis of the arrest and seizure, a Form I report was sent to Court, and after necessary investigation, the Deputy Forest Range Officer filed final report in court.

2. The four accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against them under S.27(1)(e)(iii) and (iv) of the Kerala Forest Act (for short “the Act”). The prosecution examined four witnesses and proved Exts.P1 to P7 documents in the trial court. The MO1 and MO2 weapons were also identified during trial. The accused denied the incriminating circumstances when examined under S.313 Cr.P.C. They did not add








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