H.G. SADASHIVA, S/O G.H. GANGADHARAPPA AGED ABOUT 41 YEARS Vs. THE STATE BY RANGE FOREST OFFICER BHADRAVATHI (REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING, HIGH COURT BANGALORE)

JUDGEMENT

(1.) This is the revision petition preferred by petitioners/accused Nos. 1 and 2, challenging the legality and correctness of the judgment and order dated 30th January' 2010 passed by the JMFC Court at Bhadravathi in C.C.No.5571/2006 and also the order dated 29th Jan. 2011 passed by the Fast Track Court, at Bhadravathi, in Criminal Appeal No. 11 /2010.

(2.) By its judgment and order of conviction, the Trial Court convicted the revision petitioners-accused No. 1 and 2 for the offence punishable under Sec. 104(A) of the Karnataka Forest Act. When the revision petitioners preferred the appeal which came to be dismissed confirming the judgment and order passed by the trial court.

(3.) Brief facts of the prosecution case before the trial court that on 16.10.2003, Gangur Sec. Forest officials were returning after patrolling the area of Siddarahalli Acacia Nedutopu and at that time, they heard the sound of cutting tree and on carefully watching the area, the forest officials found two persons were cutting a tree with axe and upon seeing the forest officials, they started to run away by throwing away the axe. The accused were arrested and brought to the place of spot where the tree was being cut. It was a big tree and two pieces of tree was cut and upon enquiry, the accused did not possess the valid permit or pass for possessing the tree. Immediately the properties were seized and engrossed with a forest seal and axe was also seized. A mahazar was drawn at the spot with help of forest officials as no independent witness was available. The properties were cut tree and materials at the spot. The FOC number was obtained by contacting the office and a mahazar was drawn at 5.00 PM. The Investigating Officer has recorded the statement of witnesses and filed the charge sheet against the revision petitioners for the said offence under Sec. 104(A) of the Karnataka Forest Act.