STATE GOVERNMENT Vs. RANGASWAMI

JUDGEMENT

(1.) THE respondent Rangaswami. J. C. O. . Ammunition Depot. , Amla, who was prosecuted under Section 304 A of the Indian Penal Code and Section 19 (e) of the Indian Arms Act, was acquitted by the First Class Magistrate, Betul, in respect of the former offence but convicted and sentenced to pay a fine of Rs. 20/- under Section 19 (e) of the Indian Arms Act. The State Government, Madhya Pradesh, has now appealed against his acquittal and filed as application for the enhancement of the sentence awarded to him under the Indian Arms Act.

(2.) DURING the forenoon of the 9th July 1950, when the respondent Jemadar Menon (D. W. 1), Subedar Chaitnath (D. W. 2), Subedar Thadius and J. S. O. Verma were playing cards in J. S. O. 's quarter No. 11, the respondent went to relieve himself. On his return shortly afterwards, he reported that the hyena which had been roaming about in the vicinity on the previous day had come back; and he Indicated to his companions a moving object near a tree about 200 feet from them. They all believed that it was a tiger or hyena; and jemadar Menon went to the bungalows of Ordnance Officers Gulabsingh (P. W. 2) and Gurumukhsingh (P. W. 3) and told them that there was a tiger near the J. C. O. 's quarters.

(3.) THE Ordnance Officers went there with their guns; and as Gulabsingh was not a good 'shikari', toe gave his loaded 12 gun to the respondent who went towards the object from one direction, while Gurumukhsingh and Chaitnath approached it from the opposite direction. Shortly afterwards, tile respondent tired at the object from a distance of 158 feet; and, to the horror of all, this was followed by the cry of a human being in pain. When the respondent and others went to the place where he was prostrate, they found that he was in a precarious condition; and Major M. T. Chati (P. W. 1), Station Commander, on arrival saw that he was dead. He accordingly sent the report Ex, P-1 to the Police Station where it was received by K. K. Baxi (P. W. 10), station officer.