THE STATE Vs. KHEERU S/O DHARMU RATHOD

JUDGEMENT

(1.) The State is in appeal against the judgment passed by the Sessions Court in S.C. No. 231/2009 in acquitting the respondent/accused from the charges under Sections 147, 148, 379, 336, 324, 333, 353, 307, 103 read with Section 149 IPC and Section 24 of Karnataka Forest Act and Section 25 of Indian Arms Act.

(2.) As the facts unfurl, the Chincholi Police charge sheeted ten accused persons for the above said offences. Accused Nos. 2 to 10 since were absconding, their case was split up and the respondent was brought to trial as accused No. 1. The case of the prosecution was that Range Forest Officer of Chincholi Forest Range on getting a credible information about the illegal cutting and transportation of trees from the reserve forest directed his staff/forest officials to patrol in the reserve forest area. Accordingly, CW-1 Forest Guard and other officials headed to the forest within the limits of Chandrampalli village; at about 7.15 p.m. near Kotwal stream they saw ten to fifteen persons carrying teak wood billets on their shoulder; on seeing the forest personnel, they dropped the teak billets; while the forest personnel attempted to surround and caught hold of them, accused started pelting stones. CW-1 to save himself and the forest property, fired with his gun in the air but the accused in retaliation, fired towards the forest officials with burmer gun, one bullet so fired by them hit the stomach of CW-15. Four of the accused came behind CW-1 assaulted him with an axe, snatched his DBL gun and also that of CW-15 and assaulted both of them with the butt end of the gun, thereby caused simple and grievous injuries. There was scuffle between the forest officials and the accused. On that they fired indiscriminately towards forest officials and CW-1 also fired towards the accused with his service fire arm, accused No. 10 and CW-1 during the course sustained injuries and lost consciousness. Thinking that they are dead, the rest of the accused persons fled away by throwing the axe and the stones there itself. After CW-10 gained consciousness, noticed that accused Nos. 1 and 10 had collapsed on the spot with the bullet injuries. They were taken to the Sheri camp tanda by that time accused No. 10 expired. Accused No. 1 was shifted to the hospital.

(3.) After the charge was framed, read over to the respondent/accused, he denied the same. The prosecution entered into trial and examined twenty one witnesses as PW-1 to PW-21, marked documents Exs. P-1 to P-25 and material objects M.Os.-1 to 30. Defence examined three witnesses and the accused himself was examined as DW-3. The learned Sessions Judge after hearing both sides and on consideration of material placed before him, was of the opinion that the forest officials exceeded their right of private defence and did not accept the theory of private defence and acquitted the accused of the charges.