SARKASLAL SAHARESING PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these revisions have been preferred by the applicant-Sarkaslal Saharesing Parghi against the judgment and order dated 11-9-2009 passed by the learned Addl. Sessions Judge, Junagadh in Criminal Appeal Nos.5 and 6 of 2009 confirming the judgment and order dated 23-10-2008 passed in Criminal Cases Nos.290 of 2008 and 291 of 2008 passed by the learned Judicial Magistrate (First Class), Junagadh, whereby the applicant was ordered to undergo SI for three years and to pay fine Rs.10,000/-, in default, to suffer further three months imprisonment in each case.

(2.) The facts in short are that two complaints being FIR Nos.2 and 3 of 2007 were registered against the applicant with Babaria Range Police Station for the offences punishable under Secs.2(1), 2(14), 2(16), 2(20), 2(25), 2(26), 2(35), 2(36), 2(37), 9, 27, 29, 31, 52, 2(18), 11, 27(1)(A), 27(1)(B), 27(2), 27(4), 30, 32, 39(B), 40(1)(2), 43(1)(B), 49(A), 49(B) of the Wildlife Protection Act and also under Secs.429, 120-B of Indian Penal Code. As the main accused were arrested on 13-4-2007 and 17-4-2007, based on the statements of the main accused, the present applicant was arrested on 25-4-2007 implicating him with the alleged offences and investigation started and at the end of investigation, charge sheet was submitted in the Court of learned J.M.F.C., Junagadh. The charge was framed against the accused and plea of accused was recorded. The accused pleaded not guilty to the charge and prayed for trial.

(3.) To prove the charge, prosecution examined 34 witnesses and also relied and produced 71 documentary evidences. At the end of trial, upon hearing the learned advocates appearing for the respective parties delivered the judgment convicting the applicant for the offences punishable under Secs.2(1), 2(14), 2(16), 2(20), 2(25), 2(26), 2(35), 2(36), 2(37), 9, 27, 29, 31 and 52 of the Wildlife Protection Act and sentenced to suffer SI for three years and to pay fine of Rs.10,000/- in each case.