MAHARAJA KARELAL PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these revisions have been preferred by the applicants-original appellants against the common judgment and order dated 20-8-2009 and passed by the learned Addl. Sessions Judge, Bhavnagar in Criminal Appeal Nos.20 and 19 of 2009 respectively confirming the judgment and order dated 26-2-2009 passed in Criminal Cases Nos.5209 and 6041 of 2007 passed by the learned Chief Judicial Magistrate, Bhavnagar, whereby the applicants were ordered to undergo four years imprisonment for the offences punishable under Secs.429 and 120B of IPC and to pay fine of Rs.1,000/-, in default, to suffer further four months SI. The accused were convicted for the offences punishable under Secs.9,11,39,40,43 and 49 of World Life Protection Act, 1972 and punished the accused under Secs.51 and 52 of the Act to suffer five years sentence and to pay fine of Rs.1,000/-, in default to suffer further six months SI. The accused were given set off for the period already undergone in jail.

(2.) THE facts in short are that a complaint being C.R.No.II-7 of 2007 were registered against the applicants with Bhavnagar C Division Police Station for various offences punishable under Wildlife Protection Act and also under Secs.429, 120-B of Indian Penal Code and police started investigation and at the end of investigation, charge sheet was submitted in the Court of learned J.M.F.C., Palitana. 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.) HEARD learned advocate for the applicants, Mr.A.M.Parekh and learned APP, Mr.L.R.Pujari for the respondent-State in each revision.