IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.Rev.Pet.No. 2783 of 2003 CRA.258/2000 OF THE ADDL DISTRICT AND SESSIONS COURT FAST TRACK (ADHOC-II KOZHIKODE) CC.192/1997 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... REVN. PETITIONER: APPELLANT/ACCUSED: 1. RAVI, S/O. KRISHNAN, KOORACHUNDU AMSOM, DESOM, KOYILANDY TALUK. 2. KUNJUMON @ CHACKO, S/O. ANTONY, KOCHUMALAYIL HOUSE, KAKKAYAM P.O., KOYILANDY TALUK 3. THANKACHAN @ MATHEW, S/O. AUGUSTINE, PALACKAL HOUSE, KAKKAYAM P.O., KOYILANDY TALUK. BY ADV. SRI.TOMY JOHN VETTATH RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE: 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FOREST RANGE OFFICER, PERUVANNAMOOZHI RANGE. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.2783 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January 2008 ORDER Petitioners who have been concurrently found guilty under Section 27(i)(e)(iii) and (iv) of the Kerala Forest Act and convicted and sentenced thereunder, by the trial court as well as the appellate court, have preferred this revision petition challenging the order of conviction and sentence. 2. The prosecution case in brief was that on November 10, 1996, the accused had trespassed into the reserve forest at Kariyathanpara Forest Section in Kakkayam of Peruvannamuzhi Forest Range, and cut and removed 19 trees for the purpose of fire wood. Forest Range Officer, Peruvannamuzhi had conducted the investigation and filed the final report against the petitioners. They were tried before the Judicial Magistrate of First Class-I, Perambra. 3. The prosecution examined PW 1 to 6. Exts.P1 to P5 and M.O.1 and 2 were also marked on its side. There was no oral or documentary evidence on the side of the defence. The learned Magistrate on an evaluation of the oral and documentary Crl.R.P.No.2783 OF 2003 2 evidence on record, found that the prosecution had satisfactorily established the charge against the petitioners/accused and accordingly they were convicted and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.1,000/- each and in default to undergo simple imprisonment for three months each under Section 27(i)(e)(iii) and (iv) of the Kerala Forest Act as mentioned earlier. In appeal, the Sessions Court re-evaluated the oral and documentary evidence on record and dismissed the appeal confirming the order of conviction and sentence. Hence this revision petition. 4. PWs1 to 3 and 5 who were Forest Guards had deposed before the court that on November 10, 1996 they were on beat duty at Kakkayam section and they had found the petitioners/accused engaged in cutting forest trees inside the forest. Accused Nos.1 and 2 were rolling down the timber logs while accused No.3 was found removing the bark from the logs. The cut logs of timber were found scattered at the site. It was noticed that altogether 19 trees were cut from the site, which was inside the reserve forest. These 4 witnesses deposed that the saw Crl.R.P.No.2783 OF 2003 3 and chopper used by the accused for cutting the trees were recovered and Ext.P1, mahazar was prepared. They further stated that they had also put their signature in Ext.P1, mahazar. PW4, the Forester who had accompanied PWs1 to 3 and 5 had deposed before the court that he had verified the mahazar and found that its contents were correct, after inspecting the scene of occurrence. PW6, the Forest Range Officer had conducted investigation and questioned the accused who had given Exts.P3 to P5 statements admitting that they had trespassed into the reserve forest and cut down 19 trees. It had come out in evidence that the accused had used M.O.1 and 2 for the purpose of committing the offence. Though it was contended by the accused that a false case had been foisted against them, the court below had repelled the above contention. Yet another contention raised by the accused was that the alleged date of incident being a holiday, it was not probable that PW1 to 3 and 5 would have conducted beat duty on that day. The accused had never challenged the assertion made by the witnesses that the area from where the trees were cut was a reserve forest. In short, the Crl.R.P.No.2783 OF 2003 4 trial court on a careful evaluation of the oral and documentary evidence on record found that the prosecution had succeeded in establishing the charge against the accused. The learned Sessions Judge, on re-evaluation of the entire evidence found that the prosecution had successfully proved the charge against the accused. I have been taken through the oral and documentary evidence on record. I do not find any material illegality or irregularity in the concurrent findings entered by the trial court as well as the appellate court. The prosecution had established the case beyond any reasonable doubt. PW1 to 3 and 5 who had caught the accused red handed inside the forest had given cogent evidence in the case. PW4 who had visited the site verified and found that 19 trees were cut and removed. In short, there is nothing on record to show that the prosecution was vitiated in any manner. I do not find any merit in the revision petition. It is accordingly dismissed. (A.K.BASHEER, JUDGE) jes