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2004 Supreme(Kar) 548

MOHAN M.SHANTANAGOUDAR
SHEKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


MOHAN SHANTANAGOUDAR, J.

( 1 ) SRI B. A. Belliappa, learned H. C. G. P. , accepts notice on behalf of respondent.

( 2 ) HEARD both the Advocates.

( 3 ) THE petitioner is convicted for the offences punishable under Section 86 and 87 of the karnataka Forest Act by learned JMFC. , Mudigere. The said judgment is confirmed by Fast track Court-II, Chikkamagalore in Crl. A. No. 66/2002. Both the Judgments and orders are assailed in this revision petition.

( 4 ) BRIEF facts of the prosecution case are as under: at about 9 p. m. on 23-7-2000, the petitioner and another were found cutting sandle wood tree in sy. No. 227 situated at Maranahalli belonging to Bharat Ra. The accused were illegally possessing 50 kgs of sandle wood billets with a view to transport the same to Kasaragodu. They were charged, tried and convicted for the offences under Sections 86 and 87 of Karnataka Forest act as aforesaid. Three witnesses were examined and four documents and nine material objects are got marked on behalf of the prosecution before the Trial Court.

( 5 ) THE learned Counsel for the appellant submits that the Fast Track Court has not at all considered the material on record, while coming to the co


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