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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.87/2012

BETWEEN:

1.

K.MOHAMMAD ALI,

S/O K.V.MAMMU,

AGED ABOUT 41 YEARS,

RESIDING AT NEHLYA

HUDIKERI VILLAGE AND POST,

SIDDAPURA ROUTE,

SOMAVARAPET TALUK,

NORTH KODAGU.

2.

V.K.PRAKASH,

S/O VALSALAN,

AGED ABOUT 32 YEARS,

RESIDING AT

SIDDAPURA VILLAGE,

SOMAVARAPET TALUK,

NORTH KODAGU.

3.

M.S.ARIS,

S/O SIDDIQUE,

AGED ABOUT 35 YEARS,

RESIDING AT NEHLYA

HUDIKERI VILLAGE

AND POST,

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SIDDAPURA ROUTE,

SOMAVARAPET TALUK,

NORTH KODAGU.

... PETITIONERS

(BY MISS.ANUSHA GANESH, ADVOCATE FOR

SRI.S.H.PRASHANTH, ADVOCATE)

AND:

STATE BY RANGE FOREST OFFICER,

FOREST MOBILE SQUAD,

MYSORE CIRCLE,

MYSORE.

&RESPONDENT

(BY SRI.K.S.ABHIJITH, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W 401 OF CR.P.C. PRAYING TO

SET ASIDE THE ORDER DATED 21.1.11 PASSED BY THE

JMFC - II COURT, MYSORE, IN C.C.NO.539/04 AND ORDER

DATED 30.11.11 PASSED BY THE II ADDL. S.J., MYSORE

IN CRL.A.NO.15/11.

THIS CRIMINAL REVISION PETITION COMING ON

FOR FURTHER HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

Heard Miss. Anusha Ganesh on behalf of Sri. S.H.

Prashanth, learned counsel for revision petitioner and Sri.

K.S. Abhijith, learned High Court Government Pleader for

the respondent state and perused the records.

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2.

This revision petition is filed by the accused

who have been convicted for the offences punishable

under Section 24E, 62, 80, 104(A), and acquitted for the

offence punishable under Section 71A of Karnataka Forest

Act, 1963 and Rule 144 of Karnataka Forest Rules r/w Sec.

379 of IPC and sentenced as under:

1.

Acting under Section 248(2) of the Cr.P.C,

the offenders 1 to 3 are hereby convicted

for the offence punishable under Section

24(e) of the Forest Act and are sentenced

to pay fine of Rs.1,000/- each, in default to

undergo S.I. for 1 month.

2.

Acting under Section 104 of the Karnataka

Forest Act the offenders 1 to 3 are hereby

convicted for the offence punishable under

Section 80 of the Forest Act and are

sentenced to pay fine of Rs.1,000/- each.

In default to undergo S.I. for 1 month.

3.

Acting under Section 248(2) of Cr.P.C. the

offenders 1 to 3 are hereby convicted for

the offence punishable under Section 104A

of the Forest Act and are sentenced to

undergo S.I. for 1 year and to pay a fine of

Rs.1,000/- each. In default to undergo S.I.

for 3 months.

4.

Acting under Section 165 of Forest Rules

the offenders 1 to 3 are hereby convicted

for the offence punishable under Section

144 of the Forest Act and are sentenced to

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pay fine of Rs.1,000/- each. In default to

undergo S.I. for 1 month.

5.

Acting under Section 248(2) of Cr.P.C., the

offenders 1 to 3 are hereby convicted for

the offence punishable under section 379 of

IPC and are sentenced to undergo S.I. for 1

year and to pay fine of Rs.1,000/- each. In

default to undergo S.I. for 3 months.

6.

The bail bond and surety shall stand

cancelled.

7.

The seized MOs' 1 to 3 shall be confiscated

to the State after appeal period is over.

Which was modified by the judgment passed by the

learned

II

Additional

Sessions

Judge,

Mysore

in

Crl.A.No.15/2011 by passing the following order:

The appeal filed under Section 374(3) of

Cr.P.C. is hereby partly allowed.

The judgment of conviction and order of

sentence for the offences under Section 24E, 80

of Karnataka Forest Act R/w Sec.379 of IPC

passed against accused No.1 to 3/appellants are

hereby set aside.

Accused No.1 to 3/appellants are acquitted

under Section 248(i) of Cr.P.C., of the charges

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under Section 24E, 80 of Karnataka Forest Act

r/w Sec. 379 of IPC.

The judgment of conviction and order of

sentence for the offences under Section 104(A)

of Karnataka Forest Act and Rule 144 of

Karnataka Fore