FAZAUL RAHIMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein were the accused in C.C. No. 18/1979 on the file of the Munisff and J.M.F.C., Somwarpet. They were tried by that Court for offences under Sections 86 and 87 of the Karnataka Forest Act, 1963 (the Act) read with Rr. 154 and 155 of the Karnataka Forest Rules 1967 (the Rules) on the allegation that they had been found transporting in a car bearing No. MYG 1518 on 28-11-1976 at about 5 a.m., on the public road at Seegehosur near Kakkehole bridge in Somwarpet Taluk of Kodagu District some sandalwood without a permit.

(2.) On the accused claiming to be tried the learned Magistrate received the evidence for the prosecution questioned the accused, and thereafter hearing the concerned, by his judgment dated 13-6-1979, found these persons guilty and sentenced each of them to undergo R.I., for 3 months and to a fine of Rs. 1,000/- and, in default to pay the said sum, to suffer further R.I., for 3 months. The Sandalwood seized was confiscated to the Government.

(3.) This judgment was challenged by the accused before the Sessions Judge, Kodagu, Madikeri. The Sessions Judge, by his judgment dated 29-6-1981 in Cr. A. No. 37 of 1979 dismissing the appeal, has confirmed the judgment of the trial Court. Challenging the concurrent findings of the Courts below this revision has been preferred.