STATE OF KARNATAKA Vs. PRAKASH & ORS

JUDGEMENT

(1.) These appeals arise out of distinct impugned judgments passed by the High Court of Karnataka in Crl. Appeal No. 438/2007, Crl. Appeal No. 1469/2007 and Crl. Appeal No. 458/2007 respectively wherein, the High Court allowed the appeals preferred by the accusedrespondents and acquitted them of offence under Section 87 of the Karnataka Forest Act (hereinafter "the Act") read with Sections 379 and 34 of Indian Penal Code (IPC). Aggrieved by the above order of acquittal, the State of Karnataka has preferred these appeals.

(2.) It would be appropriate to note the facts in brief, necessary for the disposal of these cases. The accused persons were distinctly alleged to have been found transporting sandalwood in their private vehicles, thereupon they were intercepted by the concerned Range Forest Officer. The accused were accordingly charged for offence punishable under Section 87 of the Act, read with Sections 379 and 34 of IPC.

(3.) The trial court after appreciation of various evidences presented before it, convicted the accusedrespondents under Section 87 of the Act read with Section 34 of IPC and sentenced them to undergo Simple Imprisonment for five years and to pay a fine of Rs. 50,000 individually.