STATE OF KARNATAKA Vs. T P GANESH

JUDGEMENT

(1.) THOUGH this appeal is listed for admission, with the consent of learned counsel appearing for both the parties it is taken up for final disposal.

(2.) THE case of the prosecution is that PW.1 -K.N. Suresha was residing as a tenant in the house belonging to PW.2 -Vishwanath situated in the garden land of PW.2 at Kushalnagar in Kodagu District. While PW.1 was sleeping in his house in the intervening night between 30.10.2003 and 31.10.2003, he heard sound of running of motorcycle. He also heard some persons whispering near fence of the compound of the estate. He woke up and approached PW.2 - Vishwanath, the landlord. Both of them saw three persons who trespassed into the garden land of PW.2 and were attempting to cut sandalwood trees. PWs.1 and 2 chased them and in the process they could caught hold of two persons by name T.P. Ganesh and K.A. Nanjunda @ Thammani (accused Nos.1 and 2) while third person absconded. Accused Nos.1 and 2 were produced before Kushalnagar police station. A complaint came to be lodged by PW.1 against accused Nos.1 and 2 and the absconding accused. During the course of investigation, accused Nos.1 and 2 disclosed the name of absconding accused as Jose Sabastin. After completion of the investigation, all the three accused were charge -sheeted for the offences punishable under Sections 447, 379 of IPC and Sections 86 and 87 of the Karnataka Forest Act. Since the presence of accused No.3 could not be secured, case against him came to be split up and accused Nos.1 and 2 were committed to the Court of Sessions for trial.

(3.) IN order to prove the charges, the prosecution examined in all examined 7 witnesses as PWs.1 to 7, marked Exs.P1 to P5 apart from MOs.1 to 5. On behalf of accused, accused No.1 -T.P. Ganesh got himself examined as DW.1 as defence witness. The learned Sessions Judge on appreciation of the evidence held that the prosecution has been able to prove the charges under Sections 447 and 379 of IPC and failed to prove the charges for the offences punishable under Sections 86 and 87 of the Karnataka Forest Act. In the result, the learned Sessions Judge convicted accused Nos.1 and 2 for the offence punishable under Section 447 of IPC and sentenced to pay a fine of Rs.500/ - each and in default to undergo simple imprisonment for a period of one month for the offence punishable under Section 447 of IPC and to pay a fine of Rs.1,000/ - each and in default to undergo simple imprisonment for a period of one month for the offence punishable under Section 379 of IPC.