RAMASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is arraigned as accused No.3 in Crime No.93/2018 for the offence punishable under Sections 379 and 411 of IPC and 86 and 87 of Karnataka Forest Act, 1963 (for short 'The Act'). After thorough investigation, police have filed a charge sheet in C.C.No.18093/2019 and after committal, sessions case has been registered in S.C.No.1604/2019.

(2.) Brief facts of the case are that a person by name Dilip Rau lodged a complaint stating that on 04.04.2018 in the early hours between 3 am - 5 am, near the house of the complainant situated at MCHS Layout, IAS Colony, he found that a Sandalwood tree which was near the footpath was cut and removed. The police have thrashed out that accused Nos.1 to 3 are the persons who have cut and removed the Sandalwood tree and thereafter, they have sold the same to accused Nos.4 and 5 and only one piece of Sandalwood was recovered from accused Nos.4 and 5.

(3.) The accused persons were arrested in connection with some other case and thereafter, on the basis of their voluntary statement it was found that they are also involved in this particular case. During the course of trial, it has to be established beyond reasonable doubt that the petitioner and others have actually cut and removed the Sandalwood tree in order to attract Sections 86 and 87 of the Act.