IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ELDHOSE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. arguments about the validity of the notification's publication. (Para 3 , 4) |
| 2. court observed failure of prosecution to establish required evidence. (Para 5) |
ORDER
The petitioner is the accused No.1 in C.C.No.107/2003 on the files of the Judicial First Class Magistrate Court, Devikulam (for short, the trial court). He along with accused Nos. 2 and 4 faced trial for the offences punishable under Section 27(1) (e) (iii) and (iv) of the Kerala Forest Act (for short, the Act).
2. The prosecution case in short is that on
3.6.2001, the accused persons four in numbers trespassed into the Karayoor No.2 sandal wood 'reserve forest', cut a sandal wood tree, converted it into pieces and thereby committed the offences. The accused Nos. 1, 2 and 4 alone faced trial. On the side of the prosecution, PW1 to PW4 were examined and Exts.P1 to P3 were marked. MO1 was identified. On the side of the defence, DW1 and DW2 were examined. After trial, the trial court found the accused Nos. 1, 2 and 4 guilty for the offence under Section 27(1) (e) (iii) and (iv) and they were sentenced to undergo simple imprisonment for one year and to pay a fine of ₹1,000/- each for the offence under Sectio
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