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A. BADHARUDEEN
Narayanan, S/o. Kunhiraman – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
This revision petition has been filed under Sections 397 and 401 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C. for convenience), challenging conviction and sentence imposed by the Judicial First Class Magistrate Court, Alathur in C.C.No.250/2006 dated 16.08.2011 and also in Crl.A.No. 463/2011 dated 07.01.2016 on the files of the Additional District and Sessions Judge-III, Palakkad.
2. The revision petitioner is the accused in the above case. The respondent herein is the State of Kerala.
3. Heard the learned counsel for the revision petitioner and also the learned Public Prosecutor.
4. The brief facts of the case are as under :
On the basis of information received by the Sub Inspector of Police, Mangalam Dam police station on 05.05.2006, meat of a barking deer was found from house No.7/19 of Kizhakkencherry Panchayat and subsequently, the remnants of the barking deer also was recovered from the premises of the house. Alleging that the accused herein killed the barking deer and used its meat, crime was registered alleging commission of offence punishable under Sections 27(i)(e) of the Kerala Forest (Amendment Act), 1993 and Sections 9, 2 to 16, 50 and 51 of the
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
Conviction supported by evidence recovered from premises, regardless of ownership claims.
The court upheld the Magistrate's decision to frame charges based on the totality of evidence, including witness statements and confessions regarding wildlife violations.
Appellate courts cannot order retrial solely to enable prosecution to remedy deficiencies their case.
Unrebutted evidence collected by prosecution appears to be quite enough for holding accused guilty under Section 51 of Wild Life Protection Act, and for that both Courts below have been fully justifi....
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
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