MAKTHIYAR AND ORS. Vs. THE STATE

JUDGEMENT

(1.) This petition is filed by the accused - petitioners herein seeking for a direction to set aside the order dated 22.10.2011 passed by the Appellate Court in Crl.A.No.1/2011 confirming the order of conviction and sentence passed by the Trial Court in C.C.No.5462/2006 dated 15.12.2010. By the said order of the Trial Court, the petitioners have been convicted for the offence punishable under Section 104-A of the Karnataka Forest Act and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.2,500/- each, which has been confirmed by the Appellate Court.

(2.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State.

(3.) Factual matrix of the case of the prosecution is that on 17.11.2002 the office of the Range Forest Officer on receiving credible information, the Forest Guard and staff of Aralihalli Section had gone near Seegehalla on a road leading from Athigunda to Belligere in their official jeep bearing Regn.No.KA-18/G-426 and were waiting there for some time. At that time, they saw a motor cycle coming towards them from the road leading from forest area. Though the officials had given signal to stop the vehicle, the said vehicle turned around and had started moving in the opposite direction. Hence, the forest officials had chased the motor cycle. In the meanwhile, a tractor had come from the opposite direction. Then the tractor as well as the motor cyclist stopped their respective vehicles and all the persons in both the vehicles started running away. The forest personnel apprehended the persons who were riding on the bike who are said to be Accused Nos.1 and 2 - petitioners 1 and 2 herein as well as the persons who were traveling in the tractor said to be Accused Nos.3 and 4 - petitioners 3 and 4 herein. Some other persons are said to have run away from the spot. Upon searching the tractor, they found two teakwood logs and three rosewood logs. However, the accused did not have any pass or permit to transport the said wooden logs. Immediately, the properties were seized and were numbered as 1 to 5. The name of the other persons who had run away from the spot was also enquired. Thereafter a mahazar was drawn. FIR came to be registered which was sent to the Magistrate. The Investigating Officer recorded the statements of witnesses and filed the final report against the accused persons. The Trial Court issued process against the accused, recorded the plea of the accused and thereafter recorded the evidence of the complainant as well as the accused. Thereafter, the Trial Court rendered its judgment and sentence dated 15.12.2010 convicting the petitioners for the offence punishable under Section 104-A of the Karnataka Forest Act and sentenced them to undergo simple imprisonment for two years and to pay a fine of Rs.2,500/- each. Being aggrieved by the said judgment of conviction and sentence passed by the Trial Court, the petitioners preferred an appeal before the Appellate Court in Crl.A.No.1/2011, which came to be dismissed by order dated 22.10.2011 thus confirming the judgment of conviction and sentence passed by the Trial Court. It is these judgments which are under challenge in this petition by the petitioners, urging various grounds.