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2019 Supreme(Kar) 1855

K.SOMASHEKAR
Makthiyar S/o Hussain – Appellant
Versus
State By R. F. O. Bhadravathi – Respondent


Advocates Appeared:
For The Appellant : Sri Umesh B., Sri R B Deshpande
For The Respondent: Sri Vinayaka V.S.

ORDER :

This petition is filed by the accused – petitioners herein seeking for a direction to set aside the order dated 22.10.2011 passed by the Appellate Court in Crl.A.No.1/2011 confirming the order of conviction and sentence passed by the Trial Court in C.C.No.5462/2006 dated 15.12.2010. By the said order of the Trial Court, the petitioners have been convicted for the offence punishable under Section 104A of the Karnataka Forest Act and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.2,500/each, which has been confirmed by the Appellate Court.

2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent – State.

3. Factual matrix of the case of the prosecution is that on 17.11.2002 the office of the Range Forest Officer on receiving credible information, the Forest Guard and staff of Aralihalli Section had gone near Seegehalla on a road leading from Athigunda to Belligere in their official jeep bearing Regn.No.KA18/G426 and were waiting there for some time. At that time, they saw a motor cycle coming towards them from the road leading from forest area. Though the officials had given signal to stop the vehicle, the said ve

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