MANOHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction and order of sentence dtd. 25/5/2010 in C.C.No.141/2009 on the file of the Civil Judge (Senior Division) and JMFC, Kollegal and its confirmation judgment and order dtd. 16/6/2014 in Crl.A.No.26/2010 on the file of the District and Sessions Judge at Chamarajanagara, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners / accused are convicted for the offences punishable under Ss. 9 and 39(a) of the Wild Life (Protection) Act (for short 'Act') and 379 of Indian Penal Code (for short 'IPC'). Brief facts of the case are as under:

(2.) It is the case of the prosecution that, on 1/10/2005, at about 9.00 p.m., in the APMC Yard at Kollegala, the petitioners stated to have sold the tiger skin to accused Nos.1 and 2 and the accused Nos.1 and 2 were attempting to dispose of the same for higher price. The said tiger skin was brought in the Maruti Omni car and the said car was parked near Achgal Lodge. Based on the credible information, a case came to be registered against the accused Nos.1 to 4 for the offences stated supra.

(3.) To prove the case of the prosecution, the prosecution has examined, in all, 11 witnesses namely PWs.1 to 11 and got marked 8 eight documents namely Exhibits P1 to P8 and also got identified M.Os.1 and 2. The Trial Court after appreciating the oral and documentary evidence on record, convicted the petitioners for the offences stated supra. Being aggrieved by the same, the petitioners preferred an appeal before the Appellate Court, the Appellate Court confirmed the judgment of conviction rendered by the Trial Court. Being aggrieved by the same, the petitioners have preferred this revision petition seeking to set aside the concurrent findings.