T R SHANMUKHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the Judgment dated 31.7.2008 passed by the Sessions Judge, I Fast Track Court, Shimoga in S.C.No.239/2006, convicting the appellants for the offence under Section 87 of Karnataka Forest Act and sentencing each of them to undergo S.I. for a period of five years and to pay a fine of Rs. 50,000/- in default of payment of fine to undergo S.I. for one year.

(2.) It is the case of the prosecution that on 15.6.2003 at about 10.30 p.m. the appellant along with accused No.3 with common intention were found in possession and transportation of 101 Kgs of sandal wood billets in Maruti 800 Car bearing Registration No.KL-1O-M- 9129 on Bobbi Neratur Road, without valid permit, thereby they are alleged to have committed an offence under Section 87 of Karnataka Forest Act.

(3.) The prosecution in order to prove the case against the accused has examined in all 3 witnesses; got marked Exs.P1 to P10 and produced MO.1-sample Sandal wood piece. The defence of the accused was one of total denial. However, by the impugned Judgment, the learned Sessions Judge was pleased to convict the appellants and sentenced them as aforesaid while acquitting accused No.3 of the charges leveled against him. The convicted accused have filed this appeal.