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4. The brief facts of the prosecution are that, The complainant is by one Sri.Gangadharappa (PW- 1 CPI of Shivamogga Rural Circle) contending that, on 04.07.2015 at about 01.15 P.M, he received credible information about illegal mining of stone by using explosive substances with the help of compressor of tractors in the quarry of accused No.1 situated between Indiranagar and Matturu Villages. The complainant and his staff went to the said spot at about 01.30. PM; noticed the drilling of holes in the rock with the help of compressor machines attached to two tractors and filling the explosives i.e. cape, gelatin and ammonium sulphate in the said holes and when enquired with accused No.2, he informed him that he is the driver of vehicle bearing Reg.No.KA-14/M-124 and accused No.6 and 7 were drilling the stones and accused No.8 is the owner of tractor and accused No.3 is present in the another tractor as driver, accused No.4 was found drilling the stone, accused No.9 was found filling the explosives to the holes. Therefore, all the accused in common NC: 2023:KHC:39011 intention, were illegally mining the stones in order to have wrongful gain and to cause loss to the government exchequer and committed the said acts by knowing fully well that their act was endangering human lives. Accordingly, he lodged complaint to the Tunganagar Police station. The police registered FIR in crime No.317/2015 for the offence punishable under Sections 379, 308 and 420 of IPC and Section 5 of Explosive Substances Act, 1908 and Section 9B of Explosives Act 1884 and Section 44 of Karnataka Minor Mineral Concession Rules 1994 and Section 21 of MMDR (Mines and Minerals Regulation of Development) Act, 1957 and Section 47 of Explosives Rules, 2008.

1. Whether the State has made out grounds to interfere with judgment of acquittal passed by the trial Court.

2. What Order?

9. My finding to the above are as under

Point No.1 Negative Point No.2 As per final order Reg.Point No.1:

10. I have carefully examined the material on records. The case of the prosecution is, that the complainant is one Sri.Gangadharappa (PW-1 CPI of Shivamogga Rural Circle) It is contended that, on 04.07.2015 at about 01.15 P.M, he received credible information about illegal mining of stone by using explosive substances with the help of compressor of NC: 2023:KHC:39011 tractors in the quarry of accused No.1 situated between Indiranagar and Matturu Villages. The complainant and his staff went to the said spot about 01.30. PM., noticed the drilling of holes in the rock with the help of compressor machines attached to two tractors and filling the explosives i.e. cape, gelatin and ammonium sulphate in the said holes and upon enquiry, accused No.2 informed him that he is the driver of vehicle bearing Reg.No.KA-14/M-124 and accused No.6 and 7 were drilling the stones and accused No.8 is the owner of tractor and accused No.3 is present in the another tractor as driver, accused No.4 was found drilling the stone, accused No.9 was found filling the explosives to the holes. Therefore, all the accused, in common intention, were illegally mining the stones in order to have wrongful gain and to cause loss to the government exchequer and committed the said acts by knowing fully well that their act was endangering human lives. Accordingly, he lodged complaint to the Tunganagar Police station. The police registered the FIR in crime No.317/2015 for the offence punishable under Sections 379, 308 and 420 of IPC and Section 5 of Explosive Substances Act 1908 and Section 9B of Explosives Act 1884 and Section 44 of Karnataka Minor NC: 2023:KHC:39011 Mineral Concession Rules, 1994 and Section 21 of MMDR (Mines and Minerals Regulation of Development) Act, 1957 and Section 47 of Explosives Rules, 2008.