ORDER :

This revision petition is filed by accused No.1/petitioner to set aside the judgment of conviction and sentence dated 30.09.2011 passed by the Presiding Officer, Fast Track Court, Bhadravathi, in Criminal Appeal No.70/2011, modifying the judgment dated 22.02.2011 passed by the Civil Judge and Additional JMFC, Bhadravathi in C.C.No.3604/2006 for having convicted the accused for the offences punishable under Sections 86 and 87 of the Karnataka Forest Act, 1963 (‘Act’ for short), and to acquit the petitioner of the charges levelled against him.

2. The petitioner herein is accused No.1 and respondent is State before the Trial Court. The ranks of the parties before the Courts below are retained for the sake of convenience.

3. The factual matrix of the case of the prosecution is that on 07.08.2001, the Forest Guard and staff of RFO, Bhadravathi, upon receiving a credible information, had been to a place near Amalamatha Hospital in Official Jeep and while they were proceeding on the pathway towards the forest, they heard the noise of some persons talking to each other. Thereafter, they found three persons coming out of the forest and they were visible in the moon light. Immediately t