LAWS(SC)-2022-4-143

MALLAPPA Vs. STATE OF KARNATAKA

Decided On April 11, 2022
MALLAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This instant appeal is directed against the judgment dtd. 28/6/2021 upholding the conviction of the appellants for the offences punishable under Ss. 143, 147, 341, 353, 332, 333, 326 read with Sec. 149 IPC and Ss. 39, 9 and 51 of the Wild Life Protection Act and Sec. 2(16) and 24(1) of the Karnataka Forest Act by the which each of the accused appellants was directed to undergo simple imprisonment for a period of two years and pay a fine of Rs.10,000.00­ each, in default, each shall further serve sentence of six months simple imprisonment.

(3.) As per the case of the prosecution, on 7/3/2012, at about 10.00 a.m., PW-­1 Chandrashekhar received credible information that in the forest area situated adjacent to backwaters of Anjanapura Dam, Doddamatti, a deer had been hunted and that all the accused appellants were sharing its meat. Acting on this credible information, PW-­1-­Chandrashekar, PW-­2 Guruswamy and PW-­3 Divakar went to the site along with other forest officials. They saw accused nos. 1 to 4 been at that place and sharing meat of the deer. They arrested accused nos.1 to 4 and when they were being taken to the forest department jeep to bring them to Range Forest Office at Ayanur, some villagers came there and restrained them from taking away accused nos.1 to 4. At that time, some altercation was taken place between the appellants and the forest officials and accused appellants pelted stones which resulted into injuries to the forest officials.