BORAIAH @ BOREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the judgment of conviction and order of sentence rendered by the District and Sessions Judge, Chamarajanagara in Crl.A.No.7/2010 dated 23.06.2014 convicting the accused for the offence under Sections 39 and 40 of the Wild Life (Protection) Act which is punishable under Section 51 of the said Act. By the impugned judgment, the first Appellate Court, set-aside the judgment passed by the Civil Judge (Jr.Dn) & JMFC, Gundlupet in C.C.No.494/2005 dated 27.10.2009 acquitting the accused for the offences punishable under Sections 39, 40, 44, 49(a)(b), 50, 51 of the Wild Life Protection Act.

(2.) The petitioner is arraigned as accused No.1. Since accused No.2 died during the pendency of the proceedings, the case against him stood abated. By the impugned judgment, the petitioner/accused No.1 was sentenced to undergo imprisonment for a period of three years for each of the offences punishable under Sections 39 and 40 and to pay a fine of Rs.10,000/- for each of the offences and in default to pay the fine amount, to undergo SI for a period of eight months for each of the defaults. The sentence of imprisonment was ordered to be run concurrently.

(3.) The factual matrix of the case of the prosecution is that complainant CW.1 PSI received a credible information regarding illegal transportation of tiger hide for the purpose of sale. On 28.8.2005, while the complainant and his staff were keeping a watch, at about 4 a.m. on B.N.Road, in front of Surabhi Hotel in Gundlupet Town, the accused persons were found transporting tiger hide worth Rs.2 lakh in a car bearing Regn.No.KA-12-M-1267, for the purpose of sale, without any licence or permit. Further, it is alleged that many years back, father of accused No.1 had hunted a tiger in Niligiri forest area and thereafter, had peeled its skin, made a trophy of the tiger and had kept in their residential house. In pursuance of the act of the accused, CW.1- Ravi Kumar being the PSI filed a complaint. On the basis of the said complaint, Cr.No.183/2005 came to be registered and after thorough investigation, charge sheet was laid against Accused Nos.1 and 2 for the offences punishable under Sections 39, 40, 44, 49(a)(b), 50 and 51 of the Wild Life Protection Act.