IMPORTANT POINT
Principle of extending the benefit of reasonable doubt to the accused cannot be readily accepted, but should be carefully applied if certain circumstances exist and warrant the application of the principle.

JUDGMENT

Venkataswami J.-All these appeals by special leave are preferred against the common judgment of the Karnataka High Court in Criminal Appeal Nos. 791, 792 of 1988 and 129-130 of 1989 dated 20th July, 1990. Briefly stated the facts as presented by the prosecution are the following :-

2. P.W. 16 Praveen Chandra was the Divisional Forest Officer of Sirsi Division during the relevant period. On 19.4.1988 at about 4.00 p.m. he received a phone call from an annonymous caller that at night at about 1.00 a.m. (20.4.1988) there was likelihood of a lorry transporting forest produce from Manjuguni side and the same person called P.W 16 half an hour later and informed him that his officials would do well to be present near Kambigar cross at about 11.00 p.m. itself.

3. The area referred to by the annonymous caller fell in the jurisdiction of Hulekal Range Forest Office. Accordingly, P.W. 16 summoned the deceased Arvind Hegde, the concerned Forest Range Officer to meet him to take instructions in connection with the above-said phone call. The deceased met P.W. 16 at about 6.30 p.m. on 19.4.1988 and he was asked by P.W. 16 to keep a watch at the Kambigar Cross to intercept the lorry that was expected to transport illegally cut forest fuel wood. The deceased was also instructed to take necessary staff with him for his assistance. The revolver in the custody of P.W. 16 was also handed over to the deceased. One Mahabaleshwar Joshi was brother-in-law of the deceased and was also a Forest contractor. Few days earlier he has lent his Ambassador Car bearing No. MES 6008 with the deceased. The deceased travelled in the said car from Sirsi to Hulekal Range Office and took the assistance of P.W.s 2 and 3 (forest guards) and went to Hegdekatta Forest Office to take assistance of P.W.1. P.W.1 was requested to secure the presence of P.Ws. 4 & 5 (forest guards) for further assistance. P.W.s 2 and 3 were armed with a gun each. The deceased further directed the forest guards to place heavy stones across the road to block free passage to the lorry. At about 3.30 a.m. on 20.4.1988, as expected, the lorry returned from Kambigar Forest loaded with illegally cut jungle wood upto the body level. The lorry had a nameboard "SHRIMAN NARAYANA and registration No. MYE 5070. In spite of the deceased signalling the lorry to stop, it fled away avoiding the stones kept on the road. The deceased fired at it with his revolver, but the bullet could not release. P.W 2 also fired from his gun, but it missed the target, namely, the wheel tyre of the vehicle. Thereafter the deceased and his men followed the lorry in their car and the lorry having gone near the house of one Neelkantha Hegde stopped in front of it. A-11 was driving the lorry and there were 4 persons in the lorry. All of them got down and ran to the house of Neelkantha Hegde.

4. Neelkantha Hegde, his sons, namely, A-1, A-3, A-4 and A-10 as well as his Uncle s sons, namely A-2, A-5, A-8 and A-9 were all in the house and they came out of the house on seeing the lorry. The deceased informed the accused who came out of the house that A-11 had driven the lorry without stopping the same in spite of signal was given to stop the same. The deceased called upon them to produce any permit if they had to cut and carry jungle wood. The accused replied in the negative. When the deceased informed them that the lorry would be seized, all the accused protested that they would not allow him to seize the lorry, but wanted to unload the wood. In spite of the deceased repeatedly informing them about the various forest offences committed and about the information they had already got and instructions given by P.W.16, the accused did not allow the deceased to discharge his official duty. Realising the situation, the deceased asked P.W.5 to inform P.W.16 on phone about the happenings there. The deceased also asked P.W. 4 to go to Sirsi and bring P.W.16 to the spot. Sensing the gravity of the situation, A-4, A-6 and A-7 told the other