O R D E R

The concurrent findings of the Judicial First Class Magistrate Court-II, (Forest Offences), Punalur, and the Additional Sessions Court-III, Kollam, in C.C.No. 651/2005 & Crl.A.No.458/2010,respectively, convicting and sentencing the petitioner for the commission of offences under Sections 27 (1)(d), 27(1) (e)(iv) & 27(1) (e)(v) of the Kerala Forest Act, 1961 (in short, ‘Act’) are under challenge in this revision petition filed by the second accused in the said case.

2. The prosecution case is that the petitioner, along with the first accused, unlawfully entered in the reserve forest coming under Marthandakara reserve and illegally collected sand from Marthandankara Thodu and thereby committed the aforesaid offences. The forest staff of Urukunnu Beat are said to have detected the offence on 08.09.2005.

3. In the trial before the learned Magistrate, five witnesses were examined from the part of the prosecution as PW1 to PW5, and six documents were brought on record as Exts P1 to P6. Two material objects were identified as MO1 & MO2. The accused did not choose to adduce any defence evidence. Relying on the aforesaid evidence adduced by the prosecution, the learned Magistrate c