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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^th DAY OF JANUARY, 2019

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL REVISION PETITION No.599 OF 2011

BETWEEN:

1.

MAHESHA

S/O LINGU,

AGED ABOUT 38 YEARS,

2.

GOPI S/O NAGANNI

AGED ABOUT 33 YEARS,

BOTH ARE WORKING AS FISHERMEN,

RESIDENT OF RAVOORU VILLAGE,

N.R. PURA TALUK,

CHIKKAMAGALUR DISTRICT.

... PETITIONERS

(BY SRI GIRISH B. BALADARE, ADVOCATE)

AND:

STATE BY R.F.O., B.W.L.

LAKKAVALLI,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BANGALORE.

... RESPONDENT

(BY SRI CHANDRASHEKARAIAH S., HCGP)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397 READ WITH 401 CR.P.C. PRAYING TO SET ASIDE

THE ORDER DATED 21.04.2011 PASSED BY THE COURT OF

ADDITIONAL

SESSIONS

JUDGE,

CHIKMAGALUR

IN

CRL.A.NO.35/2009 AND ORDER DATED 29.01.2009/31.01.2009

PASSED BY THE CIVIL JUDGE (JR.DN.) AND JMFC, N.R. PURA IN

C.C.NO.520/2006.

THIS CRIMINAL REVISION PETITION HAVING BEEN

HEARD AND RESERVED ON 14.12.2018 AND COMING ON FOR

PRONOUNCEMENT

OF

ORDERS,

THIS

DAY

THE

COURT

PRONOUNCED THE FOLLOWING:

ORDER

This revision petition is filed by the accused-

petitioner Nos.1 and 2 under Section 397 of Cr.P.C.,

challenging the judgment of conviction and sentence dated

29.01.2009/31.01.2009 passed by the Civil Judge (Jr.Dn.,)

and JMFC, N.R. Pura, in C.C.No.520/2006, which was

confirmed

by

the

Additional

Sessions

Judge,

Chikkamagaluru in Crl.A.No.35/2009 vide judgment dated

21.04.2011.

2.

The petitioners herein are the accused and the

respondent is the State before the Courts below. The

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ranks of the parties before the Courts below are retained

for the sake of brevity.

3.

The case of the prosecution is that on 24.10.2005,

when Naveen Kumar, Forester of Kundur Section, along

with his staff were on patrolling duty, they found four

persons illegally carrying Teak wood logs on their

shoulders and upon seeing the forest officials, they threw

down the logs and fled away in two ferry boats, which

were already kept ready by the side of Bhadra backwaters.

The forest officials tried to catch them, but could not

succeed. The forest officials identified four accused persons

and other two remained unidentified. On verification,

they found that six Teak wood logs were cut and shifted.

The forest officials seized Teak wood logs under a

panchanama. After investigation, they filed charge sheet

against four accused persons for the offences punishable

under Sections 24, 50 and 62 of the Karnataka Forest Act,

Rules 143 and 144 of the Karnataka Forest Rules and

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Sections 27, 28, 29, 31 and 32 read with Section 51 of the

Wife Life Protection Act, 1972. The accused appeared

before the Court and pleaded not guilty and claimed to be

tried. Hence, the prosecution was called upon to lead

evidence. The prosecution examined in all four witnesses

and got marked four documents as Exs.P.1 to P.4 apart

from the material objects as MOs.1 to 6. Thereafter, the

statement of the accused under Section 313 of Cr.P.C. was

recorded. The case of the accused was one of a total

denial. After hearing the arguments, the Trial Court found

the accused persons guilty of the offences alleged and

convicted them to undergo simple imprisonment for a

period of three months and to pay a fine of Rs.1,000/-

each, in default, to undergo simple imprisonment for a

period of two months for the offence punishable under

Section 24 of the Karnataka Forest Act; to undergo simple

imprisonment for a period of three months and to pay a

fine of Rs.500/- each, in default, to undergo simple

imprisonment for a period of one month for the offence

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punishable under Section 50 of the Karnataka Forest Act;

to undergo simple imprisonment for a period of six months

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

simple imprisonment for a period of two months for the

offence punishable under Section 379 of I