IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 1054 OF 2011 BETWEEN:

1. SOMAN @ DEVARUS, AGED ABOUT 51 YEARS, S/O VELUDA DEVARASAN HOUSE, PULLAHALLI, SULTAN BATHERI TALUK, VYNADU DISTRICT, KERALA STATE.

2. SHARLI, AGED ABOUT 34 YEARS, S/O SUKUMARAN, PULIKAL HOUSE, AMORAKUNI POST, SULTAN BATHERI TALUK, VYNADU DISTRICT, KERALA STATE.

Digitally signed by MALATESH

3. REJI, K C Location: AGED ABOUT 39 YEARS, HIGH S/O PARAMESHWARAN COURT OF KARNATAKA DEVARASAN HOUSE, AMARAKUNI POST, PULLAHALLI, SULTAN BATHERI TQ, VYNADU DISTRICT, KERALA STATE.

4. GEORGE AGED ABOUT 34 YEARS, S/O JOSEPH PADICHARA VILLAGE, PULLAHALLI, SULTAN BATHERI TQ, VYNADU DISTRICT, KERALA STATE.

…APPELLANTS (BY SRI. M.T. NANAIAH, SENIOR COUNSEL A/W SRI. PRABHUGOUD B TUMBIGI, ADVOCATE FOR A1 TO A3;

SRI. SIJI MALAYIL, ADVOCATE FOR A4)

AND:

STATE OF KARNATAKA BY SARAGUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE.

…RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R/STATE)

THIS CRL.A. IS FILED U/S. 374(2) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:24.9.11 PASSED BY THE JUDGE, FTC-V, MYSORE IN S.C.NO.8/07 - CONVICTING THE APPELLANTS/ACCUSED FOR THE OFFENCE P/U/S 143, 148 R/W 149, 353 R/W 149, 307 R/W SEC. 149 OF IPC. AND SEC. 5 R/W SEC.27(1) AND SEC.28 OF THE ARMS ACT 1959.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri.M.T.Nanaiah, learned Senior Counsel for Sri.Prabhugouda B. Tumbigi, learned counsel for the appellant Nos.1 to 3, Sri.Siji Malayil, learned counsel for appellant No.4 and Sri.Channappa Erappa, learned High Court Government Pleader for the State/respondent.

2. Present appeal is filed by the accused Nos.1 to

4 challenging the order of conviction passed by the learned Sessions Judge in SC No.08/2007 whereby the accused persons were convicted for the offence punishable under Section 143, 148, 353, 307 read with Section 149 of IPC, Section 5 read with Section 27(1) and 28 of Arms Act, 1959 and sentenced as under:

3. Brief facts of the case which are utmost necessary for disposal of the present appeal are as under:

3.1. Sargur Police Station, Mysore District filed the charge sheet against accused for the offence punishable under Section 143, 147, 148, 353, 307 read with Section 149 of IPC, Sections 9, 27, 31, 35(1), 35(6) read with Section 51 of the Wild Life (Protection) Act, 1972, Sections

25, 27 and 28 of Arms Act, 1959 and Section 3 of Explosive Substances Act, 1908.

3.2. Gist of the charge sheet materials would reveal that on 23.06.2005 at about 11.45 a.m. in Kalkere reserve forest of A.M.Gudi reserve range, accused Nos.1 to 4 and absconding accused Nos.5 to 7 formed an unlawful assembly and picked up the altercation with the forest officer and their sub-staff and they were armed with the guns, knife, axe and such other deadly weapons and entered into the forest range in A.M.Gudi especially Kalkere reserve forest.

3.3. With an intention to obstruct the discharge of the official duty by the forest officer and also with an intention to take away the life of the forest personnel, appellants along with the absconding accused persons started mercilessly firing against the forest officer and his sub-staff. Forest officials a