SIBTEHUSSAIN GULAME ABBAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by the judgment and order passed in Criminal Appeal No.18/1999 confirming the judgment and order passed in Criminal Case No.1887/1991 convicting and sentencing the petitioners for the offences punishable under Sections 9(1), 39(1), 51, 52 and 54(3) of the Wild Life (Protection) Act, 1972 (for short "the Act"), the petitioners are before this Court.

(2.) Petitioner-Mohammed Hasan Fulame Rasul was the original accused no.1 and petitioner-Sibtehussain Gulam E. Abbas was the original accused no.2 (hereinafter referred to as "accused nos.1 and 2", respectively).

(3.) As per the prosecution case, accused Nos. 1 and 2 committed the offence in question on 17.01.1989 in the evening in the jungles of Dhareswar Village. A black deer is alleged to have been gunned down by the accused persons. Forest Guard-Bhagwanbhai Rambhai and Beat Guard-Rukhadbhai Gorakbhai approached the scene of offence on hearing the gunshot and found both the accused standing near the deer which, according to the witness still had some life. Accused no.2 was found with licenced gun accompanied by accused no.1. It is the prosecution case that witness-Rukhad suspected the accused persons, and therefore, accused were asked to handover the gun to them, but instead of obeying their direction, they made their escape good. Subsequently, beat-guard Rukhad was asked to guard the prey by forest guard-Bhagvanbhai. Forest guard-Bhagvanbhai then went to Amreli to meet Range Forest Officer (for short "RFO") for apprising him about the incident, who in turn apprised the RFO-Mr. Jani of the incident in question. RFO Mr.Jani drew the panchama of the scene of offence with the help of two panchas on 18.01.1989, and thereafter, the accused persons were arrested, muddamal gun was recovered and on conclusion of the investigation, the charge-sheet was filed for the offences afore stated and Section 52 of the Act came to be subsequently added.