STATE OF KARNATAKA Vs. GOVINDARAJU

JUDGEMENT

(1.) THE State has challenged the judgment and order acquitting the respondents (accused Nos.2 to 4) for the charge under Section 379 IPC read with Sections 86 and 87 of the Karnataka Forest Act on a trial held by the JMFC, Doddaballapur.

(2.) THE facts reveal that on 16.01.2004 at about 10.00 p.m., PWs.1 and 4 were in their land bearing Sy.No.19 of Uddichikkanahally and at that time, the respondents along with accused No.1 said to have cut the sandalwood tree and attempted to commit theft. At that time, hearing the barking of dogs, PW1 along with PW4 chased the accused and were able to catch only accused No.1, whereas the other accused i.e. respondents herein escaped in the night hours. On a complaint of PW1, the crime was registered and during the investigation the police arrested accused No.1 and recorded their voluntary statements and seized the Sandalwood bits (MOs.1 to 5) under a mahazar. The statement of the witnesses were recorded and on completion of investigation, the charge sheet was laid against the accused. It appears that accused No.1 was absconding and therefore, the case was split up against accused No.1, whereas learned Magistrate held the trial against the respondents herein (accused Nos.2 to 4). During the trial, PWs.1 to 5 were examined and in their evidence, Exs.P1 to P3 and Mos.1 to 5 were marked. After recording the statement under Section 313 Cr.P.C. the learned Magistrate under the impugned judgment and order acquitted them. Aggrieved by the acquittal, the present appeal is filed.

(3.) HEARD the learned High Court Government Pleader for the State. Counsel for the respondents is absent.