STATE OF UTTARANCHAL Vs. SONU

JUDGEMENT

(1.) THE instant appeal, preferred by the State, assails the judgment and order dated 30.4.2004 rendered by learned Additional Sessions Judge, Haridwar in Sessions Trial No.30 of 2001, State Vs. Sonu and another. The said trial was clubbed with other Sessions Trials bearing nos.28/2001, 29/2001 and 31/2001 and all were adjudicated by the impugned common judgment. Different accused persons met with their fate differently after the culmination of trials, but here we are concerned only with the respondent Sonu.

(2.) THE charge was levelled against Sonu and his father Rajendra Kumar Jatav jointly for the offences u/s 39/51 of Wildlife Protection Act (hereinafter to be referred as 'the Act') as well as u/s 489 -C of Indian Penal Code. His father Rajendra Kumar Jatav was acquitted by the court below from all the charges levelled against him while accused Sonu was acquitted from the charges under sections 39/51 of the Act but at the same time, he was found guilty for the offences u/s 489 -C of the I.P.C. Ever -since the time of his arrest i.e. 31.8.2000 (the date of occurrence) till 04.02.2002, he remained in confinement. This way, he passed his incarceration almost for more than one year and five months. So the learned court below punished him for the imprisonment already undergone, as stated above, in addition to fine of Rs.2,500/ -.

(3.) FEELING disgruntled, the Government has filed this appeal against the accused Sonu. It is also pertinent to mention that a similar appeal bearing no.191 of 2014 was filed by the State against the co -accused Ranveer @ Rajesh but that appeal has been dismissed on merits by another Judge of this Court on 27.5.2013.