ILIAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants (accused 1 to 3) were tried and convicted for offences punishable under Sections 307, 379 read with Section 34 IPC and Section 24 of Karnataka Forest Act. Therefore, they are before this Court.

(2.) I have heard Sri P.Nataraju, learned counsel for accused and learned Government Advocate for State.

(3.) THE case of prosecution in brief is as follows: On 5.1.2006 during early hours, the forest officials namely, PW1 D.M.Ravindakumar, PW3 Govindaraju and PW7 Puttaiah had received a credible information regarding transportation of forest produce from Bandipura National Park (reserved forest). Therefore, they proceeded to the place in a departmental jeep and stopped their jeep. They were waiting for arrival of vehicle in which forest produce were being smuggled. On that day at about 5.30 a.m., accused No.1 being owner and driver of Tata 207 vehicle bearing registration No.KA09 A 3681 along with accused 2 and 3 was driving his vehicle. The vehicle came from Bandipura National Park. The afore stated forest officials tried to intercept the vehicle. PW7 Puttaiah stretched his hand to stop the vehicle driven by accused No.1, occupants of which were accused 2 and 3. Accused No.1 did not stop the vehicle and on the other hand, he tried to run over his vehicle on PW7. In the process, accused No.1 caused injuries to PW7. After the incident, PW7 was examined in Primary Health Center in Badagalapura, H.D.Kote Taluk at 5.40 a.m. on 5.1.2006. The law was set into motion against the accused. Accused 1 and 2 were apprehended on the same day and vehicle of accused No.1 was seized. Accused No.3 ran away and escaped. Accused 1 and 2 were produced before the jurisdictional Magistrate and they were remanded to judicial custody.