ASIM Vs. STATE

JUDGEMENT

(1.) This petition is filed by the accused - petitioners herein seeking for a direction to set aside the orders dated 29.09.2011 passed by the Appellate Court in Crl.A. No. 49/2011 and Crl. A. 31/2011 confirming the order of conviction and sentence passed by the Trial Court in C.C. No. 4275/2006 dated 24.01.2011. 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 six months 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 23.09.2002 when the Forest Guard and his staff were on patrol duty in the forest area by foot, when they came near 1998 year Acacia Neduthopu, they found a person having an axe in his hand. On seeing the Forest officials, that person had run away towards the jungle. The other two persons who were following him with rosewood logs threw the logs and had also run away. Though the officials had chased them, the accused could not be secured. They had then seized the rosewood logs under a mahazar. The official staff then had carried out panchanama in the place where the rosewood was cut with the help of an axe and mahazar was conducted at the spot. The Investigating Officer had recorded the statement of witnesses and filed the charge-sheet. Subsequent to laying the charge-sheet Accused Nos. 1 to 3 put in their appearance through their counsel but they pleaded not guilty and claimed to be tried. Subsequently, the prosecution in all examined P.Ws. 1 to 4 and got marked photographs in order to evidence the rosewood logs said to have been seized from the accused. The statement of accused was recorded under Section 313 Cr.P.C. but the accused did not come forward to adduce any defence evidence as contemplated under Section 233 Cr.P.C. After hearing the arguments advanced by the prosecution and the defence counsel, the Trial Court by its order dated 24.01.2011 in C.C. No. 4275/2006 convicted the accused for offence under Section 104-A of the Karnataka Forest Act and sentenced them as aforesaid.