Convicted accused is in appeal against the judgment dated 6-11-2003 in Spl. Case No.8 of 1998, on the file of learned District and Sessions Judge, Uttar Kannada, Karwar, convicting the appellants for offence punishable under the provisions of Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPA Act) and under Section 25 of the Arms Act, 1959, as also under Sections 147, 447, 427 read with Section 149 of the Indian Penal Code, 1860.

2. Heard both sides.

3. The factual matrix of the prosecution case on the basis of which the appellants were tried and ultimately found guilty are:

On 4-3-1997 at 1600 hours, the forest officials inspected the land in Sy. No. 75 of Uttarakoppa Village, Bhatkal Taluk and found the accused 1 to 7 forming an unlawful assembly to trespass upon the said land for removal of 7 forest trees./ They had in furtherance of their common object, cut and removed 7 trees from two plots of land measuring 15 guntas and 20 guntas respectively, without permission or sanction from the Competent Authority. The forest officials found the appellants had thereby committed theft of the forest produce and natural wealth of the State. When th