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2019 Supreme(Online)(KER) 67926

K.N.PRABHAKARAN(DECEASED) – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI B RAMAN PILLAI SR', '', 'SRI R ANIL', 'SRI M SUNILKUMAR', 'SRI T ANIL KUMAR', 'SRI THOMAS ABRAHAM NILACKAPPILLIL', 'SRI E VIJIN KARTHIK', 'SRI THOMAS SABU VADAKEKUT', 'PUBLIC PROSECUTOR']

The appellants herein are the three accused in

C.C.10/1998 of the Special Court (Vigilance), Thrissur.

Pending the appeal, the 1st appellant died, and the

death was recorded in the proceedings. His son was

permitted to prosecute the appeal as per the order on

Crl.M.A.1/2019. Deceased 1st appellant was the Section

Forester in charge of 1971 Teak Plantation within the

Thundathil Forest Range, and the other appellants were

the Forest Guards there. The Forest Department had

conducted a thinning process in the 71 Teak Plantation,

and as part of the said process, so many teak trees

were cut. The teak poles and logs were stored at a

particular place within the Forest Station, and later,

the teak poles were sold in public auction. Many

timber merchants participated in the auction, and they

purchased some teak poles in the said auction. One,

Abdul Karim, who purchased certain poles in the said

auction made a complaint to the Forest Range Officer,

Thundathil that some teak poles, which he purchased in

-: 3 :-

auction were found missing. On the said complaint, the

then Forest Range Officer in office conducted an

enquiry, followed by an enquiry by the Divisi

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