STATE OF U P Vs. KESHAR SINGH

JUDGEMENT

(1.) This is a criminal appeal preferred by the State against the judgment and order dated 13-12-1983 passed by the Sessions Judge, Uttarkashi in criminal appeal No. 19 of 1982 Kesar Singh v. State by which he allowed the appeal and set aside the conviction and sentence awarded by the Munsif Magistrate, Purola district Uttarkashi in criminal case No. 374 of 1980 by which the learned Magistrate convicted and sentenced the accused respondent under Section 51 of Wild Life (Protection) Act, 1972 to undergo imprisonment for two years and a fine of Rs.2000/- and default of payment of fine to further undergo 3 months S.I.

(2.) The brief facts are that a complaint was filed before the trial Court alleging therein that on 24-11-1980 at 7 a.m. from motor road in village Natwar four pods of musk weighing 10 Tolas 5 Anas worth Rs. 12,000/- was recovered from the possession of the respondent. The prosecution led evidence and the respondent in his statement u/S. 313 Cr. P.C. denied the allegations made in the complaint and stated that he was taken into illegal custody and thereafter he was handed over to the police. He has made a complaint to the higher authorities and he has been implicated due to enmity. After appreciation of the evidence the learned trial Court convicted the respondent and sentenced him as mentioned above. Feeling aggrieved by the said order an appeal was preferred before the learned sessions Judge who allowed the appeal and acquitted the respondent. The learned sessions Judge acquitted the respondent-accused only on the ground that the Assistant Wild Life Warden was not competent to file the complaint. As such the comlaint was not made in accordance with law and the trial Court was not competent to take the cognizance and acquitted the respondent-accused on this ground alone.

(3.) I have heard Sri D. K. Sharma learned G. A. and learned counsel for the respondent and perused the record.