STATE OF KARNATAKA Vs. VASU AND SANTHOSHA

JUDGEMENT

(1.) THOUGH this appeal has been posted for admission, having regard to the orders to be passed, I have taken up the case for final disposal. Heard Sri. G.M. Srinivasa Reddy, learned HCGP for the State.

(2.) THIS appeal has been filed seeking to enhance the sentence imposed on the respondents by the Civil Judge and Addl. JMFC, Tarikere in C.C. No. 389/2009, whereunder the learned Magistrate has accepted the plea of guilt of the respondents and convicted them for the offence under Sections 24(e) and 50 of Forest Act r/w Rules 144 punishable under Rule 165 of Karnataka Forest Rules and directed to pay a fine of Rs. 1,000/ - each and in default of payment of fine to undergo S.1. for one month.

(3.) IT is seen from the provisions of Karnataka Forest Act that, the penalty prescribed for violation of Section 24(e) is imprisonment for one month or fine which may extend up to Rs. 2,000/ - or both. Section 50 is not a penal section. Rule 1, Section 165 of the Karnataka Forest Rules prescribes a punishment of imprisonment for six months or fine which may extend to Rs. 500/ - or both.