N.T. MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioners' counsel and also learned High Court Government Pleader appearing for the respondent/State.

(2.) The factual matrix of case of the prosecution before the Trial Court is that, on credible information on 18/10/2004, CWs.1, 3 and 5 along with three panchas went near Heggodu cross, Genasinakuni road, and found a bike and a mini lorry (407), 6 to 7 people who involved in shifting rose wood logs into the mini lorry. When forest officials covered, they started running, out of them 3 were caught and arrested, rest of them are escaped. On enquiry the arrested persons disclosed their names as Eshwara Naika, Thirthesha and Manjunath. They also disclosed the name and address of the persons who run away from the spot. The forest officials found six logs inside the mini lorry and one was lying outside. Further they found no license to transport and departmental seal over the logs. They measured the logs and gave the number and also seized the lorry. To that effect mahazar was drawn.

(3.) During the course of investigation, on 21/10/2004 the police found the place where the logs were cut and removed. Three more logs were found at that place. The mahazar was also drawn. In all 10 logs were in found and seized in this case. The forest officials registered the case and investigated the matter under Sec. 104(A) of the Karnataka Forest Act and under Sec. 379 of IPC. The police after the investigation of the matter filed the charge sheet and accused persons were secured, they have not pleaded guilty and claimed to be tried.