MALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.1 and 3 to 8 in S.C.No.206/2012 on the file of the I Additional Sessions Judge, Shivamogga, aggrieved by the judgment dated 06.04.2014 convicting all of them for the offences punishable under Sections 143, 147, 341, 353, 332, 333, 326 read with Section 149 of IPC and Sections 39, 9 and 51 of the Wild Life Protection Act and Section 2(16) and 24(i) of the Karnataka Forest Act. All the appellants have been sentenced as below:

(2.) The prosecution case is that on 07.03.2012 at about 10.00am, PW1 Chadrashekar 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 were sharing its meat. Acting on this credible information, PW1, PW2 and PW3 went to that place along with other forest officials and panchas. They saw accused No.1 to 4 being at that place and sharing the meat of the deer. They arrested accused No.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 accused No.1 to 4. At that time, accused No.1 injured PW2-Guruswamy with a stone on his face and threatened to kill him. He then assaulted PW3-Divakar. Seeing this commotion, PW4-Krishnappa, PW5-Manakki Ranga, PW6 Byto Manju, PW7 Naveen and PW8-Manjunatha came to that place and helped the forest officials to take action according to law. Regarding this incident, FIR was registered at about 3.00pm on 07.03.2012, investigation was held and charge sheet was submitted to the Court.

(3.) The prosecution in all examined 14 witnesses as PW1 to PW14 and produced 11 documents as per Ex.P.1 to P.11 and 3 material objects as MO.1 to MO.3 to establish its case.