INDUJA @ IMDADULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 24.6.2008 passed by the Fast Track Court-II, Shimoga in S.C.No.168/2007, convicting the appellants for the offence under Section 87 of Karnataka Forest Act and sentencing them to undergo R.I. for a period of five years and to pay a fine of Rs. 50,000/- each in default of payment of fine to undergo R.I. for one year.

(2.) It is the case of the prosecution that on 31.12.2002 in the evening, both accused were found in illegal possession of sandal wood billets weighing about 20 Kgs and both accused were loading the sandal wood billets in a Car bearing Registration No.KA.19/M-6972 by the side of Tunga left bank canal in the limits of Ramina Koppa village intending to transport the same unauthorisedly, thereby they are alleged to have committed an offence under Section 87 of Karnataka Forest Act.

(3.) In order to prove the case, the prosecution has examined in all 5 witnesses; got marked Exs.P1 to P4 and produced MOs.1 and 17. The defence of the accused was one of total denial. However, by the impugned Judgment, the trial Court has convicted the appellants/accused and sentenced them as aforesaid. It is this judgment which has been challenged by the appellants/accused in this appeal.