MOUNESH GIRIYAPPA LAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeal is filed under Section 374(2) of Cr.P.C. challenging the judgment of conviction and sentence passed in S.C.No.67/2007 on the file of the Sessions Judge, Dharwad, dated 13/8/2010 for the offences punishable under Sections 24E and 86 of the Karnataka Forest Act, and Section 379 of IPC.

(2.) The brief facts of the case is that, it is alleged in the complaint that on 8/10/2006 at 2.00 O'clock complainant along with his forest officials while on patrolling in the forest area, received credible information that at Bendalgatti Blcok No.1, Sy.No.84 some persons are committing the theft of sandalwood roots in the forest area, and immediately, after receiving the information, he alerted the staff and secured panchas and went in search of the culprits and at that time, at the center of the forest area, they found this accused stuffing the sandalwood roots in polythene bag and after seeing them, he tried to ran away. Immediately, he was apprehended. On enquiry, he revealed his name and admitted that he came for stealing the sandalwood roots and accused also showed the place, where he cut and uprooted the sandalwood stumps and roots. It is also the case of the prosecution that they seized 18 sandalwood pieces weighing 10 Kgs., and also seized the pickaxe used for cutting the roots under the panchanama. Accused has been arrested and he has been produced before the Officer and thereafter, he was produced before the Court and case has also has been registered and investigation has been completed. After filing the charge sheet for the offences punishable under Sections 24E and 86 of the Karnataka Forest Act and Section 379 of IPC, he was charged for said offences. In order to prove the case of the prosecution he has relied upon the evidence of PWs.1 to 6 and also marked 10 documents as Exs.P.1 to P.10 and 5 material objects at M.Os.1 to 5.

(3.) The Court below after appreciating the evidence on record, and hearing both the counsels convicted the accused for above offences and sentenced him to undergo sentence of 5 years and pay the fine of Rs.50,000/- and for other offences also maximum sentence awarded is 5 years.