STATE OF KARNATAKA Vs. THIPPESHA; PARAMESHA @ SWAMY

JUDGEMENT

(1.) The complainant filed this appeal, contending that the sentence of fine imposed on the accused respondents, for the offences punishable under Sections 24(e), 50 of the Forest Act r/w Rules 144 punishable under Section 165 of the Karnataka Forest Rules, is inadequate.

(2.) The case of the complainant appellant is that, on 11/9/2009 at about 4 p.m. near Huli Thimmapura Reserve Forest D Line, 4 teak wood logs were being transported by the respondents accused and the value of the said wood was about Rs.29,155/-. Case was registered, investigation was undertaken and charge sheet was filed against the respondents for the offences punishable under Sections 24(e), 50, 62 and 80 of the Karnataka Forest Act and Rules 144 and 165 of the Karnataka Forest Rules.

(3.) Accused 1 and 2 appeared in response to the summons served on them. When the charge was read over and explained in Kannada language by the learned Magistrate, they admitted and pleaded guilty. The learned Magistrate having perused the charge sheet and the relevant provisions and finding that the offences are not punishable either by imposition of death sentence or compulsory imprisonment and taking note of the fact that the accused voluntarily pleaded guilty and also finding that the case pertains to the year 2010 and that the accused have already spent huge time and money in the matter of attending court and as such have undergone suffering, deemed it appropriate to invoke the special penal provision under the Act. With reference to Section 104 of the Karnataka Forest Act, the accused were convicted for the offence punishable under Sections 24(e) & 50 of the Karnataka Forest Act and Rules 144 and 165 of the Karnataka Forest Rules and were sentenced to pay fine of Rs.1,000/-. In default to payment of fine amount, the accused were directed to undergo S.I. for a period of one month.