RAHMATHKHAN Vs. STATE

JUDGEMENT

(1.) This appeal is filed by appellants - accused Nos. 1 and 2 praying to set aside the judgment of conviction and order of sentence dtd. 17/11/2012 passed in S.C. No. 189/2012 by the Presiding Officer, FTC-IV, Mysuru. Appellants - accused Nos. 1 and 2 have been convicted for offence under Sec. 87 of the Karnataka Forest Act (hereinafter for the sake of brevity referred to as 'the Act') and sentenced to undergo simple imprisonment for 3 years and to pay fine of Rs.5,000.00. In default, to undergo simple imprisonment for a period of 8 months. The appellants - accused Nos. 1 and 2 have been acquitted for offence under Sec. 86 of the Act.

(2.) Factual matrix of the prosecution is that on 1/11/2010 P.W.3 - Yashwanthakumar, Police Inspector, N.R. Police Station along with his staff was on patrolling duty. At about 11.00 am when they were going to Pushpashrama ring road, R.S. Naidu Nagar, they found the appellants - accused Nos. 1 and 2 going in TVS XL moped. On seeing the Police the appellants - accused Nos. 1 and 2 were frightened and took deviation towards Hale Kesare road. On suspicion N.R. Police staff surrounded the appellants - accused Nos. 1 and 2 at Varuna Channel over bridge and found that appellant - accused No. 1 who was riding the moped was possessing one air bag and appellant - accused No. 2 was the pillion rider. The appellants - accused Nos. 1 and 2 tried to escape by leaving the vehicle there itself. Ultimately the appellants - accused Nos. 1 and 2 were caught hold by N.R. Police staff and they were found in possession of sandalwood chiltas in the air bag. N.R. Police secured 2 panchas and seized the sandalwood chiltas under mahazar and arrested the accused persons. On enquiry, appellants - accused Nos. 1 and 2 told that they were carrying the said sandalwood chiltas for the purpose of sale to the tourists. Appellants - accused Nos. 1 and 2 were brought to the Police Station and P.W.3 gave report and case came to be registered. After getting the report of P.W.1 as to the kind of wood and its valuation, charge sheet came to be filed against appellants - accused Nos. 1 and 2 under Ss. 86 and 87 of the Act. The trial Court framed charge against the appellants - accused Nos. 1 and 2 for offence under Ss. 86 and 87 of the Act. In order to prove the charge the prosecution examined P.W.1 to P.W.4 and got marked Ex.P.1 to Ex.P.0 and M.O.1 and M.O.2. Statement of appellants - accused Nos. 1 and 2 came to be recorded under Sec. 313 of Cr.P.C. The trial Court after hearing arguments formulated point for consideration and after appreciating the evidence on record convicted the appellants - accused Nos. 1 and 2 for offence under Sec. 87 of the Act and acquitted them for offence under Sec. 86 of the Act by the impugned judgment which has been challenged in this appeal.

(3.) Heard learned counsel for appellants - accused Nos. 1 and 2 and learned HCGP for the respondent - State.