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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SUDARSANAN, KRISHNAN, AYILUR P.O., CHITTUR TALUK, PALAKKAD – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. order challenging framing of charges based on wildlife laws. (Para 1 , 2) |
| 2. court analysis on the admissibility of evidence and justification for charge framing. (Para 3 , 5) |
O R D E R
The order dated 31.12.2009 of the Judicial First Class Magistrate Court, Alathur, framing charges under Section 27(1)(e)(iv) of the Kerala Forest Act and Sections 9 , 50 and 51 of the Kerala Wild Life (Protection) Act, 1972 against accused Nos.1 to 3 in C.C No.341/2006 of that Court, is under challenge in this revision petition filed by the aforesaid accused.
2. The prosecution case is that the petitioners, along with 24 other accused, trespassed into the Reserve Forest and killed a pregnant deer, and made use of its meat for consumption as food.
3. By the impugned order, the learned Magistrate held that the prosecution records prima facie disclosed the commission of the offence by the petitioners (accused Nos.1 to 3), but found that there were no sufficient grounds to proceed against the other accused. 4. Heard the learned counsel for the revision petitioners, and the learned Public Prosecutor representing the Forest Department.
5. In the impugned order, the learned Magistrate had o
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