HABIBBHAI SABURBHAI MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal has been preferred by the appellant - original accused No. 1 being aggrieved and dissatisfied with the judgment and order dated 29/05/2017 passed by the learned 3rd Additional Sessions Judge, Nadiad in Sessions Case No. 14 of 2015, whereby, while acquitting both the accused from the charge of offences punishable under Sections 25(1) and 27 of the Arms Act, 1959 (for brevity, 'the Arms Act'), they were held to be guilty for breach of Sections 2(16), 2(36), 9, punishable under Sections 50 r/w. Section 51(1) of the Wild Life (Protection) Act, 1972 (for brevity, 'the Wild Life Act') and sentenced to undergo simple imprisonment (SI) for three years and a fine of Rs.5,000/- each and in default of payment of fine, to undergo further SI for one month. Both the accused were also held to be guilty for the offence punishable under Section 30 of the Arms Act and sentenced to undergo SI for 06 months and a fine of Rs.1,000/- each and in default of payment of fine, to undergo, further SI for 07 days. The sentences are ordered to run concurrently.

(2.) Facts in nutshell of the case on hand are such that on 27/07/2007 at about 1:00 p.m. when complainant - Jaydeepsinh Kanjibhai Sodha Parmar, Police Constable, Nadiad Town Police Station, working in Reader Branch in the office of the Superintendent of Police, Kheda @ Nadiad, was going to his native at Muvada, Tal. Thasara on motorcycle with one Chandrasinh Jitendrasinh Sisodiya, working as Operator in Police Control Room, Nadiad and while passing through Mahor river bridge, he heard the sound of firing and hence, he stopped his motorcycle and went by walk on the riverbed, where, he found a mob of people gathered and also found an animal, which stated to be the blue bull (nilgai), lying dead, having wound on its neck and was bleeding. While enquiring with the people gathered, one person, who was possessing a gun like weapon, ran away towards nearby bushes. The complainant chased him, however, could not caught him, but the weapon (gun) possessed by the said person, fell down. The complainant picked up the same and found the said gun was bearing number "26059". Thus, the accused No. 2 hunted the blue bull ( nilgai) using the licenced gun belonged to the accused No. 1 and thereby, committed the offence under the Wild Life Act and the Arms Act, for which, a complaint came to be lodged against them.

(3.) Heard Mr. Mrugen K. Purohit, the learned advocate for the appellant - original accused No. 1 and Ms. M. H. Bhatt, the learned Additional Public Prosecutor, for the respondent - State.