ANNA KUMAR MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On 11.09.2009 Sub Inspector Anju Chelak (PW-3) received a secrete information that in the Mansuli Bazar someone was involved in the sale of the hide of a wild animal. Acting thereupon, a team of Constables and Head Constables was constituted and eventually the accused/applicant was found in possession of the hide of barking deer at the place so informed. Panchnama (Ex.P-1) was drawn and under Ex.P-2 the seizure of four pieces of the hide of barking deer, locally known as Kotri was made under Ex.P-2 in presence of the witnesses PW-1 and PW-2 on the spot. After getting back to the police station FIR (Ex.P-5) was registered against the accused/applicant for the offences under Sections 51 and 52 of the Wild Life Protection Act, 1972.

(2.) Learned Magistrate vide judgment dated 13.04.2010 acquitted the accused/applicant of the charge under Section 52 but at the same time found him guilty under Section 51 (1) of the Wild Life Protection Act and imposed the sentence of RI for 2 years with fine of Rs.10,000/-, plus default stipulation. Learned lower appellate Court vide judgment impugned dated 03.07.2010 passed in Criminal Appeal No.07/2010 affirmed the findings recorded by learned Magistrate as a whole. Hence this revision.

(3.) Counsel for the accused/applicant submits that the witnesses to seizure being PW-1 and PW-2 have not supported the case of the prosecution and the finding of conviction is based on the evidence of the police people being PW-3 and PW-4 which is bad in the eye of law. He submits that no independent witnesses have been examined by the prosecution to establish the guilt of the accused/applicant, and the two examined to support the seizure have also been declared hostile.