KESHAV NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dtd. 21/12/2004 passed by Third Additional Sessions Judge Bastar, Jagdalpur in Criminal Appeal No.135/2002 affirming the judgment of conviction and order of sentence dtd. 23/9/2002 passed by the Judicial Magistrate, First Class, Kondagaon in Criminal Case No. 728/2000 whereby learned Judicial Magistrate after holding the applicant guilty for commission of offence punishable under Sec. 49(B) read with Sec. 51(1)(A) of the Wild Life Protection Act, 1972 sentenced him to undergo rigorous imprisonment for 1 year and to pay fine of Rs.5000.00.

(2.) Being aggrieved by both the judgments, the applicant has filed the present Criminal revision.

(3.) The prosecution case, in short, is that on 21/7/2000, P. L. Noutiyal, was posted as Assistant Sub Inspector in Police Station - Kondagaon. On that date, he received an information from the informant (mukhbir) that the applicant Keshav Netam had illegally kept the skin of wild animal which he wanted to sell between village Makdi and Belgaon. After receiving the information he registered the same in Rojnamcha Sanha. Assistant Sub Inspector P. L. Noutiyal (PW-4) along with the staff reached to the spot and in presence of witness Dayaluram (PW-1) and Bhivram (PW-3) notice was given to him under Sec. 91 of Cr.P.C. (Ex.P-7) regarding search and illegal possession of skin of a wild animal (Leopard) and informing him to produce relevant documents, if any. The skin of leopard was seized vide Ex.P-2 from the possession of the applicant and he was arrested on the spot. On the basis of seizure memo vide (Ex.P- 2), Dehati Nalishi (Ex.P-5) and First Information Report (Ex.P-9) were registered in Police Station Kondagaon.