A. NARAYANA PAI, J.

( 1 ) THE appellants were accused 1 to 3 in Sessions Case No. 36 of 1958 on the file of the Sessions judge, Dharwar Accused 4 to 10 therein were acquitted.

( 2 ) THESE accused were tried under a charge for offences falling under two principal heads : (1)Disobedience of Rule 66 framed under Section 41 of the Indian Forests Act (2) offences punishable under Sections 147, 148, 448, 353, 395 and 149 of the Indian Penal Code.

( 3 ) THE bare facts of the case are that on the forenoon of the 9th of October 1957 the first three accused and one Shamraj since deceased, were seen driving four carts containing red earth in front of the forest Naka at Banadur in Dharwar District. The Forest Guards taking the view that the red earth that was being conveyed was a forest produce, thought that the conveyance of the red earth required the persona to take what are called transit passes under the relevant rules. On being questioned by the guards, accused 1 to 3 replied that they had no passes, whereupon the forest Guards attached the carts along with the earth in them and released only the bullocks with which the accused returned to the village, leaving the carts in possession o

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