RANGE OFFICER CHUNGATHARA RANGE Vs. ALI
LAWS(KER)-1978-6-31
HIGH COURT OF KERALA
Decided on June 13,1978

RANGE OFFICER, CHUNGATHARA RANGE Appellant
VERSUS
ALI Respondents

JUDGEMENT

- (1.) This is an appeal against acquittal. The respondents accused herein were prosecuted for offences punishable under sub-s.2(c) and (d) of S.27 of the Kerala Forest Act for having trespassed upon the Chelakadavu Teak Plantation of Chungathara Forest Range and illicitly felled trees thereby causing a loss of Rs. 30/- to the Government. The incident was on October 23, 1974.
(2.) In support of the prosecution case PW 1, Forest Guard and PW 2, Forester, were examined and Ex P1 mahazar said to have been prepared on the spot was marked.
(3.) The Trial Court on a consideration of the evidence found that the accused have not been properly identified by PWs 1 and 2 and that the prosecution failed to prove that the scene of offence which is a forest has been declared as a reserved forest by the issue of a notification under the Kerala Forest Act (Act 4 of 1962). On these findings, the accused were acquitted.;


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