- (1.) This criminal appeal by special leave is directed against the impugned judgment and order dated 02.06.2005 passed in Crl. A. No. 184 of 1999(A) by the High Court of Karnataka at Bangalore whereby partly allowing the appeal filed by the State, the High Court has set aside the acquittal order passed by the Trial Court and convicted the appellant nos. 1 to 4 for the offences punishable under Sections 304 part II, 324, 353, 379 and 411 read with Section 34 of Indian Penal Code, 1860 (for short the "IPC"). However, it has upheld the acquittal of all the four appellants for the offence punishable under Section 24(e) of the Karnataka Forest Act.
(2.) Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: The case of the prosecution is that on 27.06.1995, at around 3.00 am, the informant party, comprising of about 10 forest officials in a jeep, intercepted a bullock cart on Yallur-Nitagikoppa Kacha Road. It was alleged that the appellants herein were present on the said cart and transporting stolen teak wood log clandestinely and illegally, without a pass or permit. It was further alleged that an altercation ensued and Papasab (accused- appellant no.3) attacked V.C. Marambid (PW-8), Forest watcher, with a club. The aforesaid attack resulted in a bleeding injury to PW-8. It was further alleged that R.L. Patagar (since deceased), RFO and G.B. Nayak (PW-6), incharge R.F.O. (Plantation Superintendent) at Hangal tried to catch hold of the remaining accused, when Noorahammad (accused-appellant no.1) picked up a club from the cart and hit R.L. Patagar on back of the head. It was further alleged that Allauddin (accused-appellant no.2) also took up a club and beat R.L. Patagar. Further, Tajusab (accused-appellant no.4) took up club and beat G.B. Nayak. Thereafter, all the accused left the teak wood log and escaped in the bullock cart.
(3.) On 27.06.1995 at around 8.00 am, FIR No. 213 of 1995 in respect of the incident was lodged at the instance of one Timmanna (PW-1) at Hangal Police Station which was recorded by Sub Inspector, Maruti Raoji Shindhe (PW-19).;