ATTAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These are the two criminal revisions, which are arising out of the order of conviction as rendered by the Courts below for commission of an offence under Sections, 9, 39 and 51 of the Wild Life (Protection) Act, 1972 arising from Case Crime No. 34 of 2011 and Case Crime No. 35 of 2011 respectively, which was registered at P.S. Kotwali District Uttarakashi.

(2.) As a consequence of the judgment rendered on 9.01.2015 by the District and Session Judge, Uttarakashi, while dismissing the Appeal No. 36 of 2012 'Attar Singh vs. State of Uttarakhand' and as a consequence thereto, the Appellate Court has affirmed the judgment and order dated 03.12.2012 passed by the Chief Judicial Magistrate , Uttarakashi, convicting the revisionist under Section 51 of the Wild Life Protection Act, 1972, and accordingly sentencing him to undergo 4 years rigorous imprisonment and a fine of Rs. 5,000/- has been imposed upon him on the establishment of the offence in Criminal Case No. 147 of 2012 'State vs. Attar Singh' and in Criminal Case No. 148 of 2012 'State vs. Soban Lal', the revisionist has been directed to undergo the sentence of 5 years of rigorous imprisonment and a fine of Rs. 6,000/- has been imposed on the revisionist of Criminal Revision No. 11 of 2015 'Soban Lal vs. State of Uttarakhand'.

(3.) In the connected Criminal Revision No. 11 of 2015 the convict has been sentenced to undergo imprisonment as a consequence of his involvement in commission of an offence under Sections 9, 39 and 51 of the Wild Life (Protection) Act, 1972, which too was registered at Police Station Kotwali, District Uttarkashi, as Case Crime No. 35 of 2011, as a consequence of the conclusion of the trial before the Civil Chief Judicial Magistrate, Uttarkashi, in Criminal Case No. 148 of 2012 'State vs. Soban Lal'. The Trial Court by virtue of a judgment dated 03.12.2012, has convicted the revisionist to undergo a sentence of 5 years of rigorous imprisonment and a fine of Rs. 6,000/- has been imposed upon him. The said judgment was put to challenge by the revisionist in an Appeal being Criminal Appeal No.35 of 2012 'Soban Lal vs. State of Uttarakhand', which was dismissed by the Trial Court by the judgment dated 09.01.2015 and as a consequence thereto, the Court of District and Sessions Judge, Uttarakashi, had affirmed the sentence as imposed upon him by the Trial Court for his involvement in the commission of the offence under Section 51 of the Wild Life (Protection) Act, 1972.