STATE Vs. RAMESH; SATHISH @ RAVI; MAHESH @ DURGA

JUDGEMENT

(1.) The RFO, Koppa / PW4, having filed the charge sheet against the respondents / accused, alleging commission of offences punishable under Sections 84, 86 and 87 of Karnataka Forest Act, on 20th August 2008, at about 2.45 am., at Arasagi Nuggi village, in the land of Sri.A.M.Srinivas / PW2, the JMFC having taken cognizance of the offences, secured the presence of the accused and having complied with Section 207 of Cr.P.C and other procedural formalities, committed the case to the Court of Sessions for trial. The accused having appeared in response to the summons and having pleaded not guilty, framed the charge for the offences punishable under Sections 86 and 87 of the Act and trial was conducted.

(2.) The prosecution examined PWs.1 to 4 and marked Exs.P1 to P10 and MOs.1 to 5. Accused were examined under Section 313 of Cr.P.C, and they denied the incriminating circumstances elicited by the prosecution through its witnesses. After hearing learned Prosecutor and the learned advocate for the appellants, the learned Trial Judge being of the view that the prosecution has failed to bring home its case beyond all reasonable doubt and having extended the benefit of doubt to the accused and acquitted them of the charge leveled, this appeal was filed by the prosecution, to set-aside the judgment of acquittal and pass appropriate orders.

(3.) Sri.B.Visweswaraiah, learned HCGP contended that the learned Sessions Judge has committed serious error in acquitting the accused for the offences punishable under Sections 86 and 87 of the Act. He submitted that the appreciation of evidence by the learned Sessions Judge being perverse, there is need for setting aside of the impugned judgment.