Realising the situation, the deceased asked P.W. 5 to inform P.W. 16 on phone about the happenings there.
The deceased further directed the forest guards to place heavy stones across the road to block free passage to the lorry.
A 2, A 3, A 5 and A 9 climbed into the body of the vehicle.
Fracture at the temporal occipital junction on the left side and tempera frontal region on the right side.
On dissection of the body, the internal injuries found were the following Haematoma in the occipital region 6x6 was present.
The deceased travelled in the said car from Sirsi to Hulekal Range Office and took the assistance of P. Ws 2 and 3 forest guards and went to Hegdekatta Forest Office to take the assistance of P.W. 1.
It is under these circumstances the accused have filed these appeals by special leave against their companyviction and sentence and the State has also preferred appeals for companyviction of the acquitted accused and also for the enhancement of sentence.
Bleeding from both numbertrils and left ear was present.
Apart from this, the other companyvictions and sentences imposed under Section 353 read with Section 149 and 147 were also companyfirmed.
The deceased was also instructed to take necessary staff with him for his assistance.
After examining some more witnesses.
Two used cartridges and one unused cartridge was also lying there.
The accused aggrieved by the companyviction and sentence preferred two appeals to the High Court.
The revolver in the custody of P.W. 16 was also handed over to the deceased.
The two guns that were carried by the two guards were also found on the back side of the vehicle.
The area referred to by the anonymous caller fell in the jurisdiction of Hulekal Range Forest Office.
Thereafter the deceased and his men followed the lorry in their car and the lorry having gone near the house of one Neelkantha Hegde stopped in front of it.
Thereafter he held inquest over the dead body, examined witnesses and arrested Accused Nos.
Briefly stated the facts as presented by the prosecution are the following P.W. 16 Praveen Chandra was the Divisional Forest Officer of Sirsi Division during the relevant period.
A 11 was driving the lorry and there were 4 persons in the lorry.
The lorry was seized under a mahazer.
1 to 6.
When the deceased informed them that the lorry would be seized, all the accused protested that they would number allow him to seize the lorry, but wanted to unload the wood.
The external injuries caused were the following Two lacerated wound over the occipital region measuring 2xl/2 bone deep.
When A 1 started the engine, A 4, A 6 and A 7 dragged the forest guards aside and tore their uniform.
Contusion of the right upper eye lid was present.
The deceased informed the accused who came out of the house that A 11 had driven the lorry without stopping the same in spite of signal was given to stop the same.
The deceased called upon them to produce any permit if they had to cut and carry jungle wood.
When the lorry was at that cross, the forest guards heard the voice of the deceased that he was being killed.
A 1 started the vehicle while the deceased was standing on the crash guard.
AH the accused had surrounded the deceased and when the Guards reached the spot, they left the place saying that everything was over.
791, 792 of 1988 and 129 130 of 1989 dated 20th July, 1990.
The accused replied in the negative.
MYE 5070.
2, 3 and 6.
A 7 snatched the gun held by P.W. 6.
The deceased also asked P.W. 4 to go to Sirsi and bring P.W. 16 to the spot.
So far as the appeals filed by the State are companycerned, the High Court declined to interfere with the companyviction and sentence imposed by the Sessions Judge on certain accused and companysequently, dismissed the appeals.
A 1, A 8 and A 10 got down from the cabin of the vehicle and A 8 started assaulting the deceased with a jungle wood.
The deceased met P.W. 16 at about 6.30 p.m. on 19.4.1988 and he was asked by P.W. 16 to keep a watch at the Kambigar Cross to intercept the lorry that was expected to transport illegally cut forest fuel wood.
Accordingly, P.W. 16 summoned the deceased Arvind Hegde, the companycerned Forest Range Officer to meet him to take instruction in companynection with the above said phone call.
In spite of the deceased signalling the lorry to stop, it fled away avoiding the stones kept on the road.
The guard and the foresters followed the lorry running and at that time A 11 who drove the lorry in the first instance emerged from his hiding and shouted that as they were always facing obstructions from the forest guards they should be killed.
Few days earlier he has lent his Ambassador Car bearing No.
A 2 and A 6 snatched the gun from P.W. 2.
The deceased and P.W. 1 stood in front of the lorry on its left side and P.W. 2 stood on the right side.
37/88.
Their sentence to suffer imprisonment for life was also companyfirmed.
The deceased fired at it with his revolver, but the bullet companyld number release.
The deceased was also equally determined to carry out his job.
4 5 forest guards for further assistance.
Pleura was torn on both sides.
Multiple companytusions and abrasion over the chest wall, anterior abdominal wall and back were present.
The Circle Inspector P.W. 30 on receiving information about the murder of the deceased and his body being kept at the mortuary of the Government hospital went there and seeing that some violence was likely to take place, made arrangements for maintaining peace.
That was about 5.10 a.m. when P.W. 16 along with the Sub Inspector of Police, Sirsi and some police personnel arrived at the spot, the deceased was shifted in a car to the Government hospital at Sirsi along with P.Ws.
At about 3.30 a.m. on 20.4.1988, as expected, the lorry returned from Kambigar Forest loaded with illegally cut jungle wood upto the body level.
Sensing the gravity of the situation, A 4, A 6 and A 7 told the other accused that before the arrival of P.W. 16, the lorry must be removed from that place for the purpose of unloading the fuel elsewhere.
The lorry thus went to a distance of about 11/2 furlongs on that forest road then came to a halt near Yantalli Cross.
P.W. 1 gave written companyplaint at the Sirsi Police Station at 9.30 a.m. A case was registered as Crime No.
when the accused attempted to drive the lorry, the deceased who was standing in front of it climbed over the crash guard in front of the vehicle.
P.W. 1 was requested to secure the presence of P.Ws.
The lorry had a name board SHRIMAN NARAYANA and registration No.
The shirt that the deceased was wearing, one of the shoes, his revolver with belt, his waist belt were all lying near him and he was lying with blood injures and was found dead.
The switch key was in the dashboard.
P.W. 2 also fired from his gun, but it missed the target, namely, the wheel tyre of the vehicle.
P.W. 30 seized NO 2 a blood stained firewood pellet stated to have been used in assaulting the deceased, the leather belt of the deceased, one shoe, a cap, the revolver of the deceased, a misfired bullet, blood stained earth, and 2 live cartridges.
Fracture base of the skull extending through posterior and middle cranial fossa on both sides.
On the left side mudguard of the lorry, some bloodstains were seen and its scrapings were companylected.
Venkataswami, J. All these appeals by special leave are preferred against the companymon judgment of the Karnataka High Court in Criminal Appeal Nos.
On 19.4.1988 at about 4.00 p.m. he received a phone call from an anonymous caller that at night at about 1.00 a.m. 20.4.1988 there was likelihood of a lorry transporting forest produce from from Manjuguni side and the same person called P.W. 16 half an hour later and informed him that his officials would do well to be present near Kambigar cross at about 11.00 p.m. itself.
In spite of the deceased repeatedly informing them about the various forest offences companymitted and about the information they had already got and instructions given by P.W. 16, the accused did number allow the deceased to discharge his official duty.
The State Government also filed appeals against acquittal of some accused under Section 302 read with Section 149 and also another appeal for enhancement of sentence.
P.W. 30 handed over investigation to the Core of Detectives C.O.D. P.W. 31 who took over further investigation from P.W. 30.
All of them got down and ran to the house of Neelkantha Hegde.
Neelkantha Hegde, his sons, namely, A 1, A 3, A 4 and A 10 as well as his Uncles sons, namely A 2, A 5, A 8 and A 9 were all in the house and they came out of the house on seeing the lorry.
MES 6008 with sic the deceased.
P.Ws 2 and 3 were armed with a gun each.
While so, A 1 occupied the drivers seat, A 8 and A 10 sat by his side in the cabin.
Fracture of arbitral rood on the right side.
One Mahabaleshwar Joshi was the brother in law of the deceased and was also a Forest companytractor.
