NOORAHAMMAD AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal appeal by special leave is directed against the impugned judgment and order dated 02.06.2005 passed in Crl. A. No. 184 of 1999(A) by the High Court of Karnataka at Bangalore whereby partly allowing the appeal filed by the State, the High Court has set aside the acquittal order passed by the Trial Court and convicted the appellant nos. 1 to 4 for the offences punishable under Sections 304 part II, 324, 353, 379 and 411 read with Section 34 of Indian Penal Code, 1860 (for short the "IPC"). However, it has upheld the acquittal of all the four appellants for the offence punishable under Section 24(e) of the Karnataka Forest Act.

(2.) Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

(3.) On 27.06.1995 at around 8.00 am, FIR No. 213 of 1995 in respect of the incident was lodged at the instance of one Timmanna (PW-1) at Hangal Police Station which was recorded by Sub Inspector, Maruti Raoji Shindhe (PW-19).