ROOPESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 87 of the Karnataka Forest Act (herein after referred to as 'Act') on a trial held by the Sessions Judge, Shimoga.

(2.) THE facts reveal that on 15.06.2003 at 10.30 p.m. the appellant and other accused in furtherance of their common intention were found in possession of 101 kgs of sandal wood billets in Maruthi Car bearing registration No.KL -10 -M -9129 on Bobbi Neratur Road and as they had no authority to transport the sandal wood billets they were stopped by the police and immediately thereafter when the accused were running away, the police were able to apprehend accused Nos.1 and 2 whereas accused No.3 escaped. Later the vehicle and the billets were seized under the Mahazar and a crime case came to be registered against the accused for the offence punishable under Section 87 of the aforesaid Act.

(3.) THE statements of the witnesses were recorded and the billets were examined by an expert and on completion of the investigation charge sheet was filed. During the trial, the prosecution examined PWs.1 to 3 and in their evidence they produced documents marked as Exs.P -1 to P -10 and MO.1. The trial Court acquitted accused No.3 and convicted accused Nos.1 and 2. Accused No.1 preferred an appeal in Crl.A.No.840/2008, whereas accused No.2 has preferred this appeal.