Point of Law: Section 25-B of Wild Life (Protection) Act, 1972 defines term 'reserve forest.

ORDER :

1. This Criminal Revision Petition is directed against the judgment dated 23.05.2003 in Crl. Appeal Nos. 47/2000, 44/2000 and connected cases on the file of the Additional Sessions Judge (Ad-hoc), Kalpetta, confirming the conviction and sentence rendered in C.C No. 671/1996 on the file of the Judicial First Class Magistrate Court, Sultan Bethery. The revision petitioners are accused Nos. 1 and 4 in C.C. No. 671/1996 on the file of the Judicial First Class Magistrate Court, Sultan Bethery and the 1st appellant in Crl. Appeal No. 47/2000 and the appellant in Crl. Appeal No. 44/2000 respectively on the file of the Additional Sessions Judge (Ad-hoc), Kalpetta. The offences alleged against the accused are punishable under Sections 9, 29, 31, 40(2) and 49-B(ia) read with Section 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as ‘the Act’).

2. The prosecution case in brief is hereunder:

On 06.07.1995, while the forest guards, Kurichiat Section were engaged in patrol duty in and around the reserved forest, they had located carcass of a wild elephant at Dhodakulasi in Kurichiat reserve forest in Wynad Wild Life Sanctuary. They had noticed that the tusk of the elephant was removed and the elephant was killed by gun shot on its head. Immediately the forest officials informed the occurrence to the Assistant Wild Life Warden, Kurichiat who registered Form-I report as O.R. 9/95. On the next day, the Assistant Wild Life Warden inspected the place and made a request to the Veterinary Surgeon for conducting postmortem examination. The investigation in this case revealed that the accused 1 to 5 had hunted the elephant on 1.7.1995 and removed the tusks. During investigation, it was further disclosed that the accused had hunted a wild elephant on 30.6.1995 from Karnataka Forest. The tusk of the said elephant was also collected by the accused. It is further alleged that the accused 1 to 5 reached the house of the 2nd accused and the 6th accused came in his autorikshaw bearing Registration No. K.L. 10B/4029 and assisted the other accused to remove the tusks to the house of the 3rd accused. The 3rd accused contacted the 7th accused at Trivandrum. The 7th accused purchased the tusks for consideration of Rs. 22,500/- and took tusks to Thiruvananthapuram. The tusks were seized from the house of the 7th accused. The 7th accused was further found in possession of trophies made in ivory and they were also seized.

3. The crime was registered against the accused for the offences under Sections 9, 29, 31, 40(2) and 49-B(ia) read with Section 51 of the Act.

4. During the trial of the case, PWs. 1 to 10 were examined and marked Exts.P1 to P20 and MOs.1 to 24 on prosecution side. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of Cr.P.C. They denied all the incriminating circumstances appearing in the evidence against them.

5. Heard the learned counsel for the revision petitioners/accused 1 and 4 and the learned Public Prosecutor for the State.

6. Coming to the evidence let in this case PWs. 1 and 2 adduced evidence to show that on 06.07.1995 they were conducting patrol duty within the reserved forest in Kurichiat Section. According to them, while so, they found the carcass of a wild animal at Dhodakulasi. According to them, an elephant was shot dead on its head and its tusks were removed. The carcass was of 5 days old and it was that of a male elephant. Accordingly, PW-1 prepared Ext.P1 mahazar and returned to the forest office. On the next day, the occurrence was informed to PW-2, the Assistant Wild Life Warden. Consequently, PW-2 registered Ext.P7 Form-I report as O.R. 9/95. PWs. 1, 2 and 4 again proceeded to the spot along with PW-3, a Veterinary Surgeon. Ext.P2 mahazar was prepared on 07.07.1995. PW-3 conducted postmortem examination on carcass and issued Ext.P8 postmortem certificate. According to PW-3, the carcass was that of a male elephant aged 10 years. The head was broken.

7. During