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2013 Supreme(Kar) 956

B.V.PINTO
ABDULGAFUR ABDULGANI SHUNTI – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
Ganapathi M. Bhat and Suresh S. Bhat, for the Appellant
V.M. Banakar, Addl. S.P.P., for the Respondent

JUDGMENT

B.V. PINTO, J.-This criminal appeal is filed under Section 374 Cr.P.C. against the judgment dt. 17.12.2007 passed by the Dist. & S.J., U.K, Karwar in S.C. No. 8/2006 convicting the appellants for the offence punishable under Section 86 of Karnataka Forest Act, and etc.1. This appeal is filed challenging the judgment dated 17.12.2007 passed in S.C. No. 8/2006 by the learned Sessions Judge, U.K, Karwar, convicting the appellants of the offence under Section 86 of the Karnataka Forest Act (hereinafter referred to as 'K.F. Act' for brevity) and sentencing them to undergo R.I. for 7 years and 6 months and to pay a fine of Rs. 3,000/- each, in default of payment of fine to undergo imprisonment for a period of 3 months.

2. It is the case of the prosecution that on 30.06.2005 at about 7.15 p.m. at Sirsi-Karigundi road, the appellants were found transporting sandal wood of 5 kgs worth Rs. 4,000/- without having valid permit, thereby they are alleged to have committed the offence under Section 86 of K.F. Act.

3. After securing the presence of the accused before the Court, the prosecution in order to prove the case has examined in all 4 witnesses and got marked documents as per Ex.P.1 t


















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