JUDGMENT :

The accused who have been convicted for the offences punishable under section 379 IPC and section 86 of the Karnataka Forest Act read with section 34 IPC have preferred this appeal challenging the judgment dated 28.12.2013 in S.C 56/2013 on the file of I Additional Sessions Judge, Chikkamagaluru. Each of them has been sentenced to undergo simple imprisonment for a period of five years and fine of Rs.50,000/-with default imprisonment period of three months in relation to offence under section 86 of the Karnataka Forest Act, and simple imprisonment for a period of two years with fine of Rs.2,000/-with default sentence of ten days for the offence under section 379 IPC.

2. The prosecution case in brief is that on 23.11.2012, the forest officials were on patrolling duty at Gubburu near Karkeswara Reserve Forest Area. The accused were found in possession of six sandalwood billets weighing 28 kgs. They were transporting the same without any valid pass or permit. The forest officials seized the sandalwood billets and arrested the accused.

3. When the prosecution went into trial, it examined five witnesses PWs 1 to 5 and relied upon 9 documents, Exs. P1 to P9 and 6 material objects,